August 30, 2011 Land Use Work Group Jean Coleman Elizabeth

Transcription

August 30, 2011
To: REGION FIVE SUSTAINABILITY PROJECT
Land Use Work Group
Jean Coleman
From: WILLIAM M ITCHELL COMMUNITY DEVELOPMENT C LINIC
Elizabeth Anne Lyons, Certified Student Attorney
Diane Marie Dube, Supervising Attorney
Re: Legal Research for the Land Use Work Group
The purpose of this memorandum is to provide summary and analysis of zoning research
conducted for the Land Use Work Group of the Region Five Sustainability Project (Land Use
Work Group). This legal research concerns one of the six “Key Issues” identified by the Land
Use Work Group: The need for an effective land-use decision process that operates better than
the current system. Jean Coleman assisted in narrowing down the deliverables to the following:
1. Conduct basic research on different zoning philosophies, particularly those used to
achieve sustainable communities and create a matrix with the following information:
Type of zoning, brief description of what each system of zoning does, what each standard
of zoning accomplishes legally, pros of each system of zoning, cons of each system of
zoning, whether or not the system of zoning generally promotes sustainability or whether
it is even feasible.
2. Conduct legal research focused on the Micropolitan Project pertaining to the project and
how these communities have incorporated multiple zoning philosophies in their zoning
ordinances. Create a document describing the following information: Background
information concerning the Micropolitan Project, What has been accomplished by the
Micropolitan Project since the end of its Planning Phase in 2010, and Provide one to three
examples of the Micropolitan Project communities using alternative zoning philosophies
and identification of the various zoning philosophies contained in the ordinances of the
example communities.
3. Conduct analysis on the zoning of the example communities. Create a document
describing which provisions in the zoning ordinance of the example communities
promote sustainability and which do not. This will also include definition and discussion
1
of “hardship” and “practical difficulty” and how those terms have been utilized in
variances from the zoning ordinance examples.
The zoning matrix is attached to this memorandum as Appendix A. Deliverable number
three will be sent as a separate memorandum no later than October 1, 2011. The memorandum
completes deliverable two and focuses on the zoning ordinances that are a part of the Gull Lake
Micropolitan Project (Micropolitan Project), a pilot project designed to emulate on a smaller
scale some of the objectives Region Five hopes to accomplish on a larger scale throughout the
region. By examining at the Micropolitan Project’s successes and challenges, the Land Use
Work Group may be able to gain important information concerning how to proceed with its own
goals and planning.
The memorandum is broken down into three sections. The first section provides
background information about the Micropolitan Project. The second section contains a brief
update on the Micropolitan Project since the end of the planning phase in 2010. The third section
focuses on the jurisdictions involved with the Micropolitan Project: what each has done since the
end of the Planning Phase in 2010, zoning philosophies incorporated into their zoning
ordinances, and whether the jurisdictions have used alternative zoning philosophies in their
ordinances. For the purposes of this memorandum, the evaluation of the zoning types in the
zoning matrix is based on the HUD-DOT-EPA Partnership for Sustainable Communities
definition of sustainability which is encompassed in six “Livability Principles”:
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Provide more transportation choices;
Promote equitable, affordable housing;
Enhance economic competitiveness;
Support existing communities;
Coordinate and leverage federal policies and investment;
Value communities and neighborhoods.1
1
P ARTNERSHIP FOR SUSTAINABLE COMMUNITIES W EBSITE, http://www.sustainablecommunities.gov/index.html
(last visited Aug. 13, 2011).
2
These “Livability Principles” were also incorporated into and expanded upon by Region
Five in its identification of the “Twelve Needs” for the Region.2 In the future, perhaps both the
“Livability Principles” and the “Twelve Needs” could be used to aid Region Five in formulating
its own definition of sustainability or sustainable development. Likewise, they could be also
utilized to build sustainability criteria by which various projects and programs throughout the
Region could be evaluated to determine whether those projects and programs are meeting Region
Five’s definition of sustainability or sustainable development.
Background Information on the Micropolitan Project
The Micropolitan Project is a comprehensive regional planning effort born out of a seed
that was planted in May 2005 by the Brainerd Lakes Area Chamber of Commerce Regional
Business Council. (The Chamber)3 As a result, three public meetings were held in May 2006.4
There were three goals set for the meetings:
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To encourage the Local Units of Government (LUGs) to work together.
To identify priorities concerning the preservation of natural resources, recreation and
economy in the Brainerd Lakes area.
To provide for future growth and infrastructure needs throughout the area.5
The participants of the meeting included Crow Wing and Cass Counties, the local municipalities,
citizens, businesses and several non-profit organizations.6 At those three initial meetings, over 70
resolutions of support from the various participants were adopted.7
2
Region Five Development Commission, R5DC Sustainable Communities Applicant Abstract 23, 24 (2009),
http://www.regionfive.org/department_indexes/community_planning/documents/PrintableversionofAbstractandNarr
ativeHUD.pdf (last visited Aug. 14, 2011).
3
John M. Sumption, Gull Lake Micropolitan Project: Local Unit of Government Survey Report 4 (March 29, 2010),
http://www.explorebrainerdlakes.com/chambers/training/regional-planning.htm#Background (last visited Aug. 23,
2011). A copy of this report is also available in the Client File at the William Mitchell Rosalie Wahl Legal Practice
Center.
4
Id.
5
Id.
6
Id.
7
Id.
3
In January, 2007, seven workgroups were formed to address the topics of government
services, wastewater, stormwater, transportation, commercial land use, residential land use, and
public lands.8 Later that summer, the Region Five Development Commission pledged its support
for the project in a partnership with the Chamber.9 In October, 2007, the seven workgroups
presented their final reports to a joint meeting of the Cass and Crow Wing County Boards which
included a list of twenty shared priorities.10
In 2008, the Micropolitan Project retained consultants Pat and Teri Hastings to facilitate
the project. Progress continued throughout 2008 and 2009 as the Micropolitan Project
participants performed research to accomplish the four goals, secure funding and continue the
meetings among the LUGs involved.11 The focus of the Micropolitan Project was narrowed to
the development and implementation of multi-jurisdictional plans for the four highest priority
goals in a pilot area involving the Gull Lake jurisdictions: Crow Wing and Cass Counties; the
Cities of East Gull Lake, Lake Shore, and Nisswa; and Fairview Township.12 The four priority
goals were to:
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Select and develop model waste water and storm water standards for incorporation in
individual ordinances
Research, analyze, and disseminate comprehensive planning terms, definitions, policies,
and processes
Develop a multi-jurisdictional recreation strategy for trails, parks, and recreational
facilities
Develop and adopt model development guidelines that encouraged expansion of
affordable infrastructure, performance-based development, and conservation
development when appropriate.
Progress continued throughout 2008 and 2009 as research was performed concerning
8
John M. Sumption, Gull Lake Micropolitan Project: Local Unit of Government Survey Report 4, 5 (March 29,
2010), http://www.explorebrainerdlakes.com/chambers/training/regional-planning.htm#Background (last visited
Aug. 23, 2011).
9
Id. at 5.
10
Id.
11
Id.
12
Id.
4
how to accomplish the four goals and several meetings between the LUGs occurred.13 In
February of 2010, John Sumption of Sumption Environmental, was contracted by Region Five
on behalf of the Micropolitan Project to assume the role of facilitator.14 Mr. Sumption conducted
individual surveys and interviews with each of the involved LUGs from February 9 to March 10,
2010.15 The topics discussed included:
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What each LUG wanted to learn or achieve as part of the Micropolitan Project
What each LUGs goals or expectations were for the Micropolitan Project
What programs or policies were working well for each of the LUGs
What programs and polices weren’t working for each of the LUGs, and whether they
could be addressed through the Micropolitan Project
What duties were currently being shared between LUGs and ideas about what duties
could be shared
What the LUGs thought could be achieved through the Micropolitan Project and what
might create roadblocks.16
After completing the interviews, Mr. Sumption formulated a list of eleven
recommendations to move the Micropolitan Project to the next step. One recommendation was
the creation of four task forces tied to the four previously identified goals17: Parks, Trails and
Recreation; Planning and Development; Stormwater; and Wastewater.18 The taskforces met
throughout the rest of 2010: each task force formulated desired outcomes, decided how to
13
John M. Sumption, Gull Lake Micropolitan Project: Local Unit of Government Survey Report 5 (March 29,
Aug. 23, 2011).
14
Id. See Also. BRAINERD LAKES CHAMBER WEBSITE,
http://www.explorebrainerdlakes.com/chambers/training/regional-planning.htm (Last visited Aug. 25, 2011).
15
Aug. 23, 2011).
16
Id. at 6-16.
17
Id. at 5, 6. The eleven recommendations are also attached to this memorandum. See Appendix B.
18
Id. at 16.
5
accomplish the desired outcomes.19, and identified what each hoped to accomplish during their
meetings.20
The desired outcomes of the Planning and Development Taskforce were to create a
baseline of common zoning and planning definitions, review the ordinances of the involved
LUGs and adopt model development standards (conservation development, performance-based
development standards, common land use districts), exchange permit formats and processing
standards, and create a more uniform, formal process to encourage improved compliance with
zoning and planning standards.21 At the end of the planning phase in December 2010 the
Planning and Development Taskforce created a common zoning and planning definitions list
which included over 1,683 terms.22 It also created model development standards which
incorporated conservation development and performance based standards for residential
developments and stormwater management.23 The model residential development standards also
incorporated parts of the new DNR Draft Shoreland Rules.24 Next, the Taskforce agreed to
present cooperative training programs for both staff and public concerning planning and
19
John M. Sumption, Micropolitan Project Wrap-Up Meeting PowerPoint Presentation 8-17 (Dec. 20, 2010). A
copy of this PowerPoint is also available in the Client File at the William Mitchell Rosalie Wahl Legal Practice
Center.
20
Aug. 23, 2011).
21
Id. See Also. MODEL SUBSURFACE SEWAGE T REATMENT S YSTEM ORDINANCE AND C OUNTY/MUNICIPAL
AGREEMENT FOR SERVICES (Micropolitan Project Wastewater Taskforce, Mar. 10, 2010) See Appendix C.
22
John M. Sumption, Micropolitan Project Wrap-Up Meeting PowerPoint Presentation 12-13 (Dec. 20, 2010). See
also. GULL LAKE M ICROPOLITAN P ROJECT COMMON DEFINITIONS LIST (Micropolitan Project Planning and
Development Taskforce, 2010). Attached. See Appendix D.
23
John M. Sumption, Micropolitan Project Wrap-Up Meeting PowerPoint Presentation 12-13 (Dec. 20, 2010);
MODEL RESIDENTIAL DEVELOPMENT S TANDARDS (Micropolitan Project Planning and Development Taskforce,
2010). Attached. See Appendix E; MODEL S TORMWATER MANAGEMENT S TANDARDS (Micropolitan Project
Planning and Development Taskforce, 2010). Attached. See Appendix F.
24
John M. Sumption, Micropolitan Project Wrap-Up Meeting PowerPoint Presentation 12-13 (Dec. 20, 2010);
M INN. DEPT. OF N ATURAL R ESOURCES , DRAFT S HORELAND RULES (July 2010)
http://files.dnr.state.mn.us/waters/watermgmt_section/shoreland/rd3879draft20100706.pdf (last visited Aug. 14,
2011).
6
development issues.25 Finally, the City of East Gull Lake and Cass County agreed by contract
that Cass County would administer the City of East Gull Lake’s ordinance.26
Research for this memo included interviews with six individuals involved with the
Micropolitan Project or the respective jurisdictions. These individuals included elected officials,
staff from the Micropolitan jurisdictions and a planning and technical support organization. My
goal for the interviews was to speak directly with individuals who were a direct part of the
Micropolitan Project or who were involved with the administration of zoning in the Micropolitan
Jurisdictions. The general opinion among those interviewed was that the planning phase of the
Micropolitan Project had been a great success.27 They felt that they had accomplished a lot
together with plans for continued and future collaborations, and that what they had accomplished
would work towards meeting the four goals and be beneficial to both the LUGs and the general
public overall.28 At the end of the planning phase, those interviewed reported that the LUGs
seemed to be looking forward to working with each other and continuing their work during the
next phase of the Micropolitan Project.29
Brief Micropolitan Project Update
Those interviewed reported that since the conclusion of the planning phase and the
subsequent wrap-up meeting on December 20, 2010, there have been no further meetings of
either the Taskforces or between the LUGs as a whole.30 Additionally, there has been little
further collaborative action taken towards the implementation of the recommendations made in
25
John M. Sumption, Micropolitan Project Wrap-Up Meeting PowerPoint Presentation 13 (Dec. 20, 2010),
Attached. See Appendix B.
26
Id. at 13.
27
Lyons Collective Interviews. See the Client File at the William Mitchell Rosalie Wahl Legal Practice Center.
28
Id.
29
Id.
30
Id.
7
the final Taskforce reports.31 Those interviewed were asked why they believed no further action
had been taken, and the same two thoughts were voiced throughout the collective: the
Micropolitan Project needs a leader to move the project forward and the collaboration among the
jurisdiction has both value and challenges.32
The Project Needs a Leader: No one has stepped up to assume the role of facilitator to
continue to move the project forward after Region Five’s contract with John Sumption ended at
the end of 2010.33 Many felt that the project really needs a designated facilitator but that the
facilitator might need to come from outside the LUGs.34 This may be because the LUGs tend to
get wrapped up in their own jurisdictions’ priorities and as a result, the Micropolitan Project
keeps getting pushed to the side which has caused the Micropolitan Project to stall.35 A
designated facilitator could:
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Convene meetings of the Work Groups and others;
Serve as the communications hub among the Work Groups;
Set timelines and deadlines; and
Encourage and monitor progress in each of the Work Groups
Region Five could seek a grant or, if permissible, use funds from the HUD Sustainability Project,
to pay for an outside facilitator to move the Micropolitan Project forward and explore the
feasibility of incorporating these recommendations into the Region Five HUD Sustainability
Project. If funds are now available, perhaps Region Five might be able to find a retired Planning
Engineer who would be willing to commit to the project on a volunteer basis.
The Value and Challenges of Collaboration: The second theme among those interviewed
was that the Micropolitan Project was important because it allowed relationships to form
31
Id.
33
Id.
34
Id.
35
Id.
32
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between and among the LUGs involved.36 It also shed light on problem areas in the different
jurisdictions and allowed for collaborative ideas to help resolve those problematic areas.37 Some
expressed uncertainty whether such extensive collaboration could be implemented on a large
scale.38 The Micropolitan Project included both cities and counties and some feel that the
differences among them might be too big to overcome.39 Even if the differences could be
overcome; it would take a long period of time for goals and objectives to be achieved.40
One mechanism to overcome these challenges would be for the jurisdictions involved to
sign a cooperative agreement, commit to accomplishing specific goals within a specified
timeframe, and hold each other accountable for progress towards these goals. Through
continued cooperation to achieving the goals of the Micropolitan Project, regular communication
of opportunities for collaboration and of proposed changes in policies and procedures, and shared
technical expertise, information and resources, it may be possible to build on the goodwill that
exists and to move the Micropolitan Project forward.
Zoning in the Micropolitan Project Area
Research for this memo included interviews with * who were asked about any progress or
lack of progress each jurisdiction has made in implementing the Micropolitan Project
recommendations. The discussion is focused specifically on planning and zoning including any
plans to incorporate the Micropolitan Project recommendations or its goals in the future. Other
recent revisions to the ordinances or codes are discussed briefly where relevant, as are future
plans to revise the ordinances.
36
Id.
38
Id.
39
Id.
40
Id.
37
9
Those interviewed expressed their personal and, at times, candid opinions as to what has
been achieved and the challenges the jurisdictions face.
This section also describes the types of zoning used in the current ordinances and any
unique or special provisions in them. Discussion and further analysis of these zoning types will
be included in the October 1, 2011 memorandum. All of the ordinances from the Micropolitan
Project area are based on traditional Euclidean Zoning.41 However, like most modern ordinances
they are no longer purely Euclidian but include other types of zoning and variations on the
Euclidian theme to individualize the ordinances to the unique needs, requirements and wishes of
their respective jurisdictions.42
Cass County
Implementation of MP recommendations and goals:
There are no plans to directly include any of the specified recommendations from the
Micropolitan Project in the area of planning and zoning, according to John Ringle, Director of
the Cass County Environmental Services Department.43 Mr. Ringle opined that he is not sure
whether anything on a large scale, such as envisioned in the Micropolitan Project, could happen
in Cass County44 because of the large number of jurisdictions and the geographic, economic and
demographic differences among them.45 What might work in one area may not work in the
other.46 For example, Cass County includes large areas for recreation and tourism, heavily
forested areas, and federal and Native lands. Perhaps the county could have separate ordinances,
41
Elizabeth A. Lyons, Certified Student Attorney, William Mitchell College of Law. Zoning Matrix for the Land
Use Work Group, Region Five Sustainability Project (2011). Attached. See Appendix A.
42
Id.
43
Telephone interview with John Ringle, Director, Cass County Environmental Services Department (Aug. 11,
2011). A copy of the interview notes is available in the Client File at the William Mitchell Rosalie Wahl Legal
Practice Center.
44
Id.
45
Id.
46
Id.
10
one for the Brainerd Lakes portion of the County and one for the rest of the County.47 However,
Mr. Ringle suspects that would potentially require the creation of another governmental function
or unit to carry out such an arrangement.48 Interestingly, all of the LUGs agreed from the
beginning that they did not want to create any more governmental functions or units within their
jurisdictions.49 If anything could be accomplished, it would likely happen slowly, and over
time.50 Mr. Ringle was not certain that extensive collaboration between the LUGs could occur
over a shorter period of time.51
However, many of the Cass County proposed ordinance revisions did come about as
indirect results of the relationship formed with Crow Wing County as a result of the
Micropolitan Project.52 Cass County is currently in the process of revising its zoning ordinance
and is using parts of Crow Wing County’s ordinance as a template to promote similar land use
practices between the counties.53 Revisions include language to place a moratorium on new lake
resorts, language mirroring the Crow Wing shoreland regulations, and some coordination of
language between the two counties.54 Therefore, some of the Micropolitan Project
recommendations may be achieved indirectly as a result of the collaboration between the two
47
2011).
48
Id.
49
Aug. 23, 2011).
50
2011).
51
Id.
52
Id.
53
Id.
54
Id. See also. CASS COUNTY, M INN., DRAFT REV. LAND U SE ORDINANCES #2005-1, 39-40 AND 103-108
(Working Copy #2011-01, Aug. 10, 2011).
11
counties and, reports Mr. Ringle, there is a definite willingness to continue their relationship into
the future.55
Other proposed revisions pertaining to planning and zoning include grammatical and
other such minor changes.56 One interesting larger revision is the inclusion of more language
into the ordinance pertaining to the new legislation passed this year dealing with variances.57
(Variances in Minnesota and the new legislation will be discussed in detail in the October 1,
2011 memorandum) Cass County will incorporate the new legislative language to make its
ordinance conform to the newly revised statutes.58 Cass County hears on average 18 variance
applications monthly, and they also hope to address how the Assistant County Attorney views
variances and conditional uses and how they should be treated in the future.59
The first hearing on these revisions was held on July 13, 2011, and was continued for
public comment and discussion to September.60 (The exact date had not yet been set at the time
of this memorandum.61)62 The next step after the September meeting will be to request the
County Board to set a final hearing date.63 Then, thirty days after the final hearing and passing of
the new ordinance revisions by the County Board it will become effective.64 According to John
55
2011).
56
Id. See also. CASS COUNTY, M INN., DRAFT REV. LAND U SE ORDINANCES #2005-1, 39-40 AND 103-108
(Working Copy #2011-01, Aug. 10, 2011).
57
2011). See also. CASS COUNTY, M INN., DRAFT REV. LAND USE ORDINANCES #2005-1, 11 AND 21-25 (Working
Copy #2011-01, Aug. 10, 2011).
58
2011).
59
Id.
60
Id. See also. CASS COUNTY, M INN., DRAFT REV. LAND U SE ORDINANCES #2005-1 (Working Copy #2011-01,
Aug. 10, 2011), A copy of this draft ordinance is also available in the Client File at the William Mitchell Rosalie
Wahl Legal Practice Center.
61
2011).
62
Id.
63
Id.
64
Id.
12
Ringle, at the Cass County Environmental Services Department, it will likely be the end of the
year before it is in effect.65
Zoning philosophies incorporated into zoning ordinances:
The current Cass County ordinance (116 pages in length) is based on Euclidean Zoning
with modifications in separate sections to allow for conditional use permits and variances.66 The
last revision of the Cass County ordinance was effective on May 27, 2005 with the most recent
amendments effective as of January 10, 2010. 67
There are at least three unique land use classifications that are not seen under a traditional
Euclidean Zoning system but are not uncommon in Minnesota due to the many lakes and
waterfront opportunities. The zones are for Urban Growth (UG), Water Oriented
Commercial(WOC) and Resource Protection (RP).68 The Urban Growth Zone is intended to “is
to encourage orderly growth of development of an urban density and nature around incorporated
municipalities, or in and around unincorporated trade centers, or as the focal point for new trade
centers”.69 The Water Oriented Commercial zone is intended to “to accommodate commercial
uses in the shoreland zone where access to and use of a surface water feature is an integral part
of the business.”70 The Resource Protection zone is intended to “accommodate limited rural
residential housing, agricultural uses and forest management activities in a fashion that conserves
sensitive land areas in which more intensive development would adversely affect wildlife or the
65
2011).
66
C ASS C OUNTY, M INN., LAND USE ORDINANCE #2005-1, 16-19 and 21-24 (Amended by #2009-07) (Effective
Jan. 10, 2010), available at http://www.co.cass.mn.us/ordinances/200501_landuse.pdf.
67
C ASS C OUNTY, M INN., LAND USE ORDINANCE #2005-1 (Amended by #2009-07) (Effective Jan. 10, 2010),
available at http://www.co.cass.mn.us/ordinances/200501_landuse.pdf
68
Id. at 25-27.
69
Id. at 26.
70
Id. at 27.
13
environment”.71 The ordinance also allows residents or landowners to submit a request for a
reclassification of land use under certain circumstances.72 The ordinance contains Performance
Based Zoning in a separate section containing performance standards which provide additional
requirements for a wide variety of topics including agricultural use, infrastructure and
conservation.73
Crow Wing County:
Crow Wing County revised its ordinance effective on April 22, 201174 and included
many of the Micropolitan Project recommendations throughout the new ordinance.75 The new
ordinance incorporates both the common definitions and model development standards
recommended by the Planning and Development Taskforce of the Micropolitan Project.76
The model development standards include conservation design and allow a person to
choose between conservation design methods or traditional design methods when developing
land in the County.77 Although traditional design methods are still allowed, the County
promotes and prefers the use of conservation design methods, according to Chris Pence, Land
Services Supervisor for Crow Wing County.78 Conservation design (also known as conservation
71
C ASS C OUNTY, M INN., LAND USE ORDINANCE #2005-1, 27 (Amended by #2009-07) (Effective Jan. 10, 2010),
available at http://www.co.cass.mn.us/ordinances/200501_landuse.pdf
72
Id. at 19-21.
73
Id. at 29-100.
74
Crow Wing County, Minn., Land Use Ordinance (Apr. 22, 2011), available at http://www.co.crowwing.mn.us/planning___zoning/ordinances/docs/Crow_Wing_County__Ordinance__Final_Version__3_22_111.pdf.
75
Telephone interview with Chris Pence, Land Services Supervisor, Crow Wing County (Aug. 11, 2011). A copy of
the interview notes is available in the Client File at the William Mitchell Rosalie Wahl Legal Practice Center.
76
Telephone interview with Chris Pence, Land Services Supervisor, Crow Wing County (Aug. 11, 2011). See also.
Crow Wing County, Minn., Land Use Ordinance 83-86, 129-154 (Apr. 22, 2011), available at http://www.co.crowwing.mn.us/planning___zoning/ordinances/docs/Crow_Wing_County__Ordinance__Final_Version__3_22_111.pdf.
77
Id. at 83-88.
78
Telephone interview with Chris Pence, Land Services Supervisor, Crow Wing County (Aug. 11, 2011).
14
development, cluster development and open space development79) is a controlled-growth form of
land use development that allows for limited sustainable development in an area while protecting
that area’s natural environmental features.80 This may include ideas such as the preservation of
open space, protection of agriculture and farmland, protection for natural wildlife habitats for
wildlife, and ensuring the character of rural communities is maintained.81 The specifics of the
conservation design included in the Crow Wing ordinance will be discussed in the forthcoming
October 1, 2011 memorandum.
Crow Wing County also implemented a version of the Micropolitan Project
recommended Model Stormwater Standards.82 The language is not the exact language as
proposed by the Micropolitan Project but is similar and modified to address specific stormwater
issues in Crow Wing County.83
Mr. Pence also opined that it was an easy decision for Crow Wing to include the
Micropolitan Project recommendations.84 He felt that Crow Wing County was the leading LUG
for the Micropolitan Project, and that the other LUGs were looking to it to set the precedent.85
Crow Wing County invested a lot of time and energy into the Micropolitan Project because it
found the project to be very important and relevant to the County.86 Therefore, the County
always planned to include many of the recommendations after the planning phase was
79
Ronald L. Ellis Jr., Residential Land Use Policy and Conservation Development in the Blanco River Basin,
Applied Research Projects, Texas State University-San Marcos, Paper 110 (2006). available at
http://ecommons.txstate.edu/arp/110.
80
Id.
81
Id.
82
Telephone interview with Chris Pence, Land Services Supervisor, Crow Wing County (Aug. 11, 2011); John M.
Sumption, Micropolitan Project Wrap-Up Meeting PowerPoint Presentation 14-15 (Dec. 20, 2010); MODEL
STORMWATER M ANAGEMENT S TANDARDS (Micropolitan Project Planning and Development Taskforce, 2010).
Attached. See Appendix F. See also. Crow Wing County, Minn., Land Use Ordinance 112-116 (Apr. 22, 2011),
available at http://www.co.crowwing.mn.us/planning___zoning/ordinances/docs/Crow_Wing_County__Ordinance__Final_Version__3_22_111.pdf.
83
84
Id.
85
Id.
86
Id.
15
complete.87 Mr. Pence believes implementing the recommendations was the right thing to do for
the County as a whole.88
Additional revisions to the Crow Wing Ordinance outside of the Micropolitan Project
recommendations included the addition of more performance standards to put more focus on the
effects of land use rather than focusing solely on land use classifications.89 The County also
included more innovative ideas into its Ordinance. One example is that it created both shoreland
buffer and shoreland protection zones that have specific performance standards based on where a
person’s land is located along the lakefront.90 It also created a shoreland rapid assessment model
to go along with the new standards that aids County staff in determining what requirements a
landowner must meet to obtain a shoreland permit.91 Another innovative example is the inclusion
of language requiring homeowners to have both septic compliance inspections and septic system
assessment inspections.92 The County is proud to have had a 96% septic system pass rate since
2008 and the new language is included to ensure the pass rate remains high and that systems are
properly maintained.93 In the future, Crow Wing County hopes to collaborate with Cass County
on a joint septic ordinance.94 At this time the project is on hold while the Counties wait and see if
87
Id.
89
Id. See also. Crow Wing County, Minn., Land Use Ordinance 57-129 (Apr. 22, 2011), available at
http://www.co.crowwing.mn.us/planning___zoning/ordinances/docs/Crow_Wing_County__Ordinance__Final_Version__3_22_111.pdf.
90
Telephone interview with Chris Pence, Land Services Supervisor, Crow Wing County (Aug. 11, 2011). See also.
Crow Wing County, Minn., Land Use Ordinance 16-17, 33-41, 65-68 (Apr. 22, 2011), available at
91
92
Id. See also. Crow Wing County, Minn., Land Use Ordinance 102-105 (Apr. 22, 2011), available at
93
94
Id.
88
16
the State will make any changes to its rules pertaining to septic systems.95 In the meantime, they
are working on a draft of a joint septic ordinance to explore this potential possibility.96
The current Crow Wing County ordinance (now 155 pages in length97) is based on
Euclidean Zoning with modifications in separate sections to allow for nonconforming uses,
conditional use permits, and variances.98 There are three unique land use classifications into
zones for Urban Growth (UG), Sensitive Shoreland (SS) and Waterfront Commercial (WC).99
Urban Growth zones and Waterfront Commercial zones were discussed briefly above in the Cass
County section. Sensitive Shoreland zones are intended to “accommodate limited residential
uses, agricultural uses, and forest management activities within the shoreland protection zone
while conserving sensitive land areas on which more intensive development would adversely
affect water quality, wetlands, lakes, shorelines, slopes, wildlife habitat, biological ecosystems,
or scenic and natural values.”100 The ordinance also contains a very large amount of Performance
Based Zoning in 34 separate sections containing performance standards providing additional
requirements for a wide variety of topics such as campground standards, parking and wetland
protection.101
City of East Gull Lake:
95
Id.
97
Crow Wing County reduced its ordinance by 80 pages, enhancing readability for both county employees and the
general public. Telephone interview with Chris Pence, Land Services Supervisor, Crow Wing County (Aug. 11,
2011).
98
Crow Wing County, Minn., Land Use Ordinance 18-20, 21-24, and 24-28 (Apr. 22, 2011), available at
99
Id.
100
Crow Wing County, Minn., Land Use Ordinance 29 (Apr. 22, 2011), available at http://www.co.crowwing.mn.us/planning___zoning/ordinances/docs/Crow_Wing_County__Ordinance__Final_Version__3_22_111.pdf.
101
Id. at 33-129.
96
17
The City of East Gull Lake is not currently in the process of revising its ordinances, nor
does it have plans to do so in the immediate future.102 Asked if East Gull Lake was willing to
implement any of the Micropolitan Project recommendations into a future revision of its
ordinances, Ms. Thomes replied that it would but that the City of East Gull Lake hoped to align
itself with what Cass County was doing pertaining to its ordinance.103 The City of East Gull Lake
is more likely to implement language similar to Cass County, but that she would be happy if the
revisions included some of the recommendations resulting from the Planning Phase of the
Micropolitan Project.104
The current land use, zoning and subdivision ordinance for the City of East Gull Lake is
based on Euclidean Zoning with modifications in the General Provisions Section to allow for
nonconforming uses, and in the Administration Section to allow for conditional use permits, and
variances.105 According to Ms. Thomes, the ordinance is a fairly typical, straightforward
ordinance.106 The current ordinance does contain special impervious surface requirements for
shoreland property divided by a road.107 The area across the road would normally be factored
into the calculation to determine how much impervious surface a landowner could have on his
property.108 This would allow them to build a bigger home on the lakefront than ideal.109 The
102
Telephone interview with Brenda Thomes, City Administrator, City of East Gull Lake (August 9, 23 2011).
Id.
104
Id.
105
C ITY OF E AST GULL LAKE, M INN., C ITY CODE OF ORDINANCES #1110-2009, Title VIII 234-238, 356-362
(November 10, 2011), available at http://www.eastgulllake.govoffice.com/vertical/Sites/%7BF4DD0CCB-CB334568-A2AD-0D17E332F9F8%7D/uploads/EGL_City_Code_July_12_2011_update.pdf.
106
107
Id. See also. C ITY OF E AST G ULL LAKE, M INN., C ITY C ODE OF ORDINANCES #1110-2009, Title VIII 258-267
(November 10, 2011), available at http://www.eastgulllake.govoffice.com/vertical/Sites/%7BF4DD0CCB-CB334568-A2AD-0D17E332F9F8%7D/uploads/EGL_City_Code_July_12_2011_update.pdf.
108
Id.
109
Id.
103
18
City wanted to prevent people from building too big a house on the lake side so it enacted these
standards.110
The ordinance also contains Performance Based Zoning in the form of a separate section
containing performance standards including signs, storage and drainage.111 There are two unique
land use classifications into zones for Waterfront Commercial (WC) and Off-Water Resort
Overlay District (OWROD).112 Waterfront Commercial zones were discussed briefly above in
the Cass County section. The Off-Water Resort Overlay District is intended “to establish and
maintain an overlay Land Use district which provides for the development of resorts which will
add to the recreational character of the City.”113 Additionally, Smart Zoning is utilized in the
ordinance in the Special Provisions section for Planned Unit Developments (PUDs).114
The Code of Ordinances for the City of East Gull Lake (379 pages in length) was last
revised in 2009 and the online version was recently updated on July 12, 2011.115 The
administration of the ordinance, such as inspections and permitting, is contracted out to Cass
County.116
City of Lake Shore:
110
Telephone interview with Brenda Thomes, City Administrator, City of East Gull Lake (August 9, 23 2011). See
also. C ITY OF E AST GULL LAKE, M INN., C ITY CODE OF O RDINANCES #1110-2009, Title VIII 258-267 (November
10, 2011), available at http://www.eastgulllake.govoffice.com/vertical/Sites/%7BF4DD0CCB-CB33-4568-A2AD0D17E332F9F8%7D/uploads/EGL_City_Code_July_12_2011_update.pdf.
111
C ITY OF E AST GULL LAKE, M INN., C ITY CODE OF ORDINANCES #1110-2009, Title VIII 288-315 (November
10, 2011), available at http://www.eastgulllake.govoffice.com/vertical/Sites/%7BF4DD0CCB-CB33-4568-A2AD0D17E332F9F8%7D/uploads/EGL_City_Code_July_12_2011_update.pdf.
112
Id. at 241-288.
113
Id. at 282-286.
114
Id. at 316-326. See also. Elizabeth A. Lyons, Certified Student Attorney, William Mitchell College of Law.
Zoning Matrix for the Land Use Work Group, Region Five Sustainability Project (2011). Attached. See Appendix A.
115
C ITY OF E AST GULL LAKE, M INN., C ITY CODE OF ORDINANCES #1110-2009, Title VIII (November 10, 2011),
available at http://www.eastgulllake.govoffice.com/vertical/Sites/%7BF4DD0CCB-CB33-4568-A2AD0D17E332F9F8%7D/uploads/EGL_City_Code_July_12_2011_update.pdf.
116
19
At this time, the City of Lake Shore is not in the process of revising its ordinance and
there is no set date for future revisions.117 However, the City is currently working on the
comprehensive planning and zoning definitions list from the Micropolitan Project
recommendations and comparing them to what it currently has in its ordinance.118 The City of
Lake Shore may then change its own zoning and planning definitions based on the Micropolitan
Project list in a future revision.119
The City of Lake Shore is currently working on one of the recommendations made by the
Micropolitan Project’s Park, Trails and Recreation Taskforce which is to expand the hiking and
biking trails around Gull Lake.120 It hopes to create a trail through the City of Lake Shore which
would one day connect the City of Lake Shore with the City of East Gull Lake and Fairview
Township.121
The current City of Lake Shore Ordinance is based on Euclidean Zoning with modifications in
the General Provisions Section to allow for nonconforming uses, and in the Administration
Section to allow for conditional use permits, and variances.122 It is 138 pages in length. The City
of Lake Shore’s most recent ordinance revisions were adopted on July 27, 2009.123
The ordinance contains Performance Based Zoning in the form of a separate section
containing performance standards which includes innovative stormwater standards as well as a
117
Telephone interview with Teri Hastings, City Administrator and Planning and Zoning Administrator, City of Lake
Shore (Aug. 11, 2011).
118
Id.
119
Id.
120
Id. See also. John M. Sumption, Micropolitan Project Wrap-Up Meeting PowerPoint Presentation 9-11 (Dec. 20,
2010).
121
Telephone interview with Teri Hastings, City Administrator and Planning and Zoning Administrator, City of
Lake Shore (Aug. 11, 2011).
122
City of Lake Shore, Minn., Land Use and Subdivision Ordinance 27-29, 123-127 (Jul. 27, 2009), available at
http://cityoflakeshore.com/media/Document_34.pdf.
123
City of Lake Shore, Minn., Land Use and Subdivision Ordinance (Jul. 27, 2009), available at
20
unique way of handling them.124 According to Ms. Hastings, the City Planning and Zoning
Administrator, these stormwater standards were looked at as examples by the Micropolitan
Project for their Stormwater recommendations.125 There is one unique land use classification into
a zone for Commercial Waterfront (CW).126 This type of zone was discussed briefly above in the
Cass County section. Additionally, Smart Zoning is utilized in the ordinance in the Overlay
Districts and District Provisions section to establish an overlay district for the Lake Margaret
Watershed Overlay District (LMW).127 An overlay district is intended to “establish and maintain
districts that overlay existing zoning districts to better manage significant areas with specific
needs, such as encouraging growth in areas with existing public facilities or preserving areas
with valued resources and amenities.128 The original zoning of the area applies with special
requirements are added through the overlay district.129 Lake Margaret is considered an impaired
water and the overlay district aims to protect and improve the quality of the water on the lake as
without barring reasonable development.130
City of Nisswa:
As of the writing of this Memo, there is no update from the City of Nisswa on its
implementation efforts.
124
City of Lake Shore, Minn., Land Use and Subdivision Ordinance 72-89 (Jul. 27, 2009), available at
http://cityoflakeshore.com/media/Document_34.pdf. See also. Telephone interview with Teri Hastings, City
Administrator and Planning and Zoning Administrator, City of Lake Shore (Aug. 11, 2011).
125
Telephone interview with Teri Hastings, City Administrator and Planning and Zoning Administrator, City of
Lake Shore (Aug. 11, 2011). See also. John M. Sumption, Micropolitan Project Wrap-Up Meeting PowerPoint
Presentation 14-15 (Dec. 20, 2010).
126
City of Lake Shore, Minn., Land Use and Subdivision Ordinance 31-66 (Jul. 27, 2009), available at
127
Id. at 66-72.
128
Id. at 66.
129
Id.
130
Id.
21
The current ordinance is based on Euclidean Zoning with modifications in the General
Provisions Section to allow for nonconforming uses, and in the Administration Section to allow
for conditional use permits, interim uses, and variances.131 It is 117 pages in length. The City of
Nisswa’s most recent ordinance revisions were adopted on December 17, 2008.132
The ordinance contains Performance Based Zoning in the form of separate section
containing performance standards including general performance standards, residential and
commercial performance standards and special provisions.133 There are three unique land use
classifications into zones for Commercial Waterfront District (CW), Planned Development
District (PDD) and the Linden Lakeshore Residential Overlay (LR).134 Commercial Waterfront
Districts were discussed briefly above in the Cass County section. A Planned Development
District is a district that “provides a regulatory framework to encourage improved environmental
design allowing flexibility in the development of land while insuring compliance with the intent
of the Zoning Ordinance and Comprehensive Plan.135 The land must have a minimum acreage of
85 acres but there are no other set standards or specifications for the area.136 The Linden Lakes
Overlay is an overlay district “developed and designed to provide specific and unique
performance standards for the previously platted and developed Linden Lakes neighborhood
adjacent to public waters”.137 All new parcels must meet the requirements of the Shoreline
131
City of Lake Shore, Minn., Land Use and Subdivision Ordinance 31-33 and 106-112 (Jul. 27, 2009), available at
132
City of Nisswa, Minn., Land Use and Subdivision Ordinance (Dec. 17, 2008), available at
http://www.ci.nisswa.mn.us/departments/pz/ordinance/NSW_ord_010109.pdf.
133
Id. at 34-103.
134
Id. at 18-22.
135
Id. at 20-21.
136
Id.
137
Id.
22
Residential District (SR).138 Additionally, Smart Zoning is utilized in the ordinance in the
Special Provisions section for shoreland Planned Unit Developments (PUD’s).139
Fairview Township:
Fairview Township has a comprehensive plan and planning commission but does not
have its own zoning ordinance. 140 The township uses the Cass County ordinances for planning
and zoning purposes.141 Any implementation of the MP recommendations and goals by Fairview
Township would need to conform to the Cass County ordinances unless Fairview Township
adopted its own zoning ordinances. Marla Yoho, secretary of the Fairview Township Planning
Commission and member of the Micropolitan Project, expressed frustration that Fairview does
not have its own zoning ordinance so that they could implement some of the recommendations
and goals. She took the project very seriously.142
One idea for the future that came about from the Micropolitan Project recommendations
from the Park, Trails and Recreation Taskforce is to expand their hiking and biking trail by
increasing the shoulders of the roadside around Gull Lake which would end at the City of Lake
Shore.143 The plan is currently not moving forward because of a lack of funding to carry it out.144
138
City of Nisswa, Minn., Land Use and Subdivision Ordinance 20-21 (Dec. 17, 2008), available at
139
Id. at 77-82. See also. Elizabeth A. Lyons, Certified Student Attorney, William Mitchell College of Law. Zoning
Matrix for the Land Use Work Group, Region Five Sustainability Project (2011). Attached. See Appendix A.
140
Telephone interview with Marla Yoho, Secretary, Fairview Township Planning Commission (Aug. 9, 2011). A
copy of the interview notes is available in the Client File at the William Mitchell Rosalie Wahl Legal Practice
Center.
141
Fairview Township, Minn., Comprehensive Plan (Nov. 8, 2006), available at
http://www.fairviewtwpmn.com/vertical/Sites/%7B275C57D9-5D7B-412E-918E570A6956F918%7D/uploads/%7BC2313F7A-2500-4B86-ABDD-E2C6871F4963%7D.PDF.
A copy of the Comprehensive Plan is also available in the Client File at the William Mitchell Rosalie Wahl Legal
Practice Center. See also. CASS COUNTY, M INN., LAND USE ORDINANCE #2005-1 (Amended by #2009-07)
(Effective Jan. 10, 2010), available at http://www.co.cass.mn.us/ordinances/200501_landuse.pdf.
142
Id.
143
Id. See also. John M. Sumption, Micropolitan Project Wrap-Up Meeting PowerPoint Presentation 9-11 (Dec. 20,
2010).
23
Fairview Township hopes to still be able to implement the project but it will depend on whether
or not they are able to find the necessary funding.145
See discussion above about the Cass County ordinances.
Fairview Township’s goal in adopting its Comprehensive Plan was to manage expected
growth and to protect the distinct characteristics of the township through the next twenty
years.146 The most recent revisions to the Comprehensive Plan were adopted on November 8,
2006 and can be found on Fairview Township’s website.147
Lessons for the Region Five Sustainability Project
As a regional planning effort, the Micropolitan Project is, in some ways, a micro-version
of the Region 5 HUD Sustainability Project. As the HUD Sustainability Project moves forward,
the participants should consider and discuss the following:
 Should Region 5 and can Region 5 incorporate or promote any of the recommendations
from the Micropolitan Project into the sustainability plan?
 How can the jurisdictions in Region 5 promote continued collaboration and commitment
to regional sustainability as the work progresses from the planning phase to the
implementation phase?
 How can all of the governing entities in Region 5, such as school districts, watershed
districts and tribal lands, be part of the implementation of the Sustainability Plan?
 If it is a challenge for one county to develop a regional focus, how can the HUD
Sustainability Project succeed in developing a regional focus for five counties?
144
Telephone interview with Marla Yoho, Secretary, Fairview Township Planning Commission (Aug. 9, 2011).
Id.
146
Id.
147
Id. See also. Fairview Township, Minn., Comprehensive Plan (Nov. 8, 2006), available at
145
24
REFERENCES
MINNESOTA STATUTES, LAWS AND INTERPRETATIONS
MINN. S TAT. §160.85, subd. 4 (2010).
MINN. S TAT. §§ 462.358, 473.859 (2010).
MINN. S TAT. §462.3595 (2010).
Minnesota Land Planning Act, Minn. Stat. § 473.858, subd. 1 (2010).
Minnesota Livable Communities Act, MINN. S TAT. § 473.25 (2010).
MINN. DEPT. OF NATURAL RESOURCES, DRAFT SHORELAND RULES (July 2010)
http://files.dnr.state.mn.us/waters/watermgmt_section/shoreland/rd3879draft20100706.pdf (last
visited Aug. 14, 2011).
Opinion Letter from Attorney General Lori Swanson on MINN. S TAT. §§ 462.358, 473.859available at http://www.tchousingpolicy.org/_uls/resources/articles/AG_Opinion_on_IZ.pdf
(2007).
LOCAL ORDINANCES AND CODES
CASS COUNTY , M INN., LAND USE ORDINANCE #2005-1 (Amended by #2009-07) (Effective
Jan. 10, 2010), available at http://www.co.cass.mn.us/ordinances/200501_landuse.pdf.
CASS COUNTY , M INN., DRAFT REV. LAND USE ORDINANCES #2005-1 (Working Copy #201101, Aug. 10, 2011), A copy of this draft ordinance is also available in the Client File at the
William Mitchell Rosalie Wahl Legal Practice Center.
CITY OF EAST GULL LAKE, M INN., C ITY CODE OF ORDINANCES #1110-2009, Title VIII
(November 10, 2011), available at
http://www.eastgulllake.govoffice.com/vertical/Sites/%7BF4DD0CCB-CB33-4568-A2AD0D17E332F9F8%7D/uploads/EGL_City_Code_July_12_2011_update.pdf.
City of Lake Shore, Minn., Land Use and Subdivision Ordinance (Jul. 27, 2009), available at
City of Nisswa, Minn., Land Use and Subdivision Ordinance (Dec. 17, 2008), available at
Crow Wing County, Minn., Land Use Ordinance (Apr. 22, 2011), available at
http://www.co.crowwing.mn.us/planning___zoning/ordinances/docs/Crow_Wing_County__Ordinance__Final_Versi
on__3_22_111.pdf.
1
Crow Wing County, Minn., Former Land Use Ordinance (Effective Jul. 8, 2005,Last Amended
May 26, 2010). A copy of this ordinance is also available in the Client File at the William
Mitchell Rosalie Wahl Legal Practice Center.
Crow Wing County, Minn., Subdivision Ordinance, Art. 6.1 (Aug. 8, 2006) available at
http://www.co.crowwing.mn.us/planning___zoning/docs/Subdivision_Ordinance_cleaned_up_9_23_10.pdf.
Fairview Township, Minn., Comprehensive Plan (Nov. 8, 2006), available at
Gull Lake Micropolitan Project Common Definitions List (Micropolitan Project Planning and
Development Taskforce, 2010). See Appendix D.
MODEL R ESIDENTIAL DEVELOPMENT S TANDARDS (Micropolitan Project Planning and
Development Taskforce, 2010). See Appendix E.
MODEL SUBSURFACE SEWAGE TREATMENT SYSTEM ORDINANCE AND COUNTY/MUNICIPAL
AGREEMENT FOR SERVICES (Micropolitan Project Wastewater Taskforce, Mar. 10, 2010) See
Appendix C.
MODEL S TORMWATER MANAGEMENT S TANDARDS (Micropolitan Project Planning and
Development Taskforce, 2010). See Appendix F.
CASES
Builders Serv. Corp. v. Planning and Zoning Comm’n of East Hampton, 545 A.2d 530 (1988).
Southern Burlington County N.A.A.C.P. v. Mount Laurel Tp., 336 A.2d 713 (1975).
The Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (1926).
BOOKS
CURRENT TRENDS AND PRACTICAL S TRATEGIES IN LAND USE LAW AND ZONING 145-146, 150,
154-155 (Patricia E. Salkin, ed., ABA Section of State and Local Government Law) (2004).
DOUGLAS R. PORTER ET AL., THE URBAN LAND INSTITUTE, FLEXIBLE ZONING: HOW IT
WORKS 3-5, 8-10, 11-13, 95-96 (2d ed. 1991).
INTERNATIONAL C ITY/C OUNTY M ANAGEMENT ASSOCIATION, AN ICMA GREEN BOOK:
LOCAL P LANNING CONTEMPORARY PRINCIPLES AND PRACTICE 287-291, 298-307 (Gary Hack
et al. eds., 2009).
2
Pennsylvania Legislator’s Municipal Deskbook 3d ed., Exclusionary Zoning and the Fair Share
Doctrine 121-122 (2006), available at
http://www.lgc.state.pa.us/deskbook06/Issues_Land_Use_04_Exclusionary_Zoning.pdf.
PETER K. BECK ET AL., NATIONAL BUSINESS INSTITUTE, PRACTICAL GUIDE TO ZONING AND
LAND USE LAW IN M INNESOTA 106-108 (2004).
BRIAN W. OHM, DEPARTMENT OF URBAN & REGIONAL P LANNING UNIVERSITY OF
WISCONSIN -MADISON/EXTENSION , GUIDE TO COMMUNITY P LANNING IN WISCONSIN 2.5, 2.3
(1999). available at
http://www.lic.wisc.edu/shapingdane/resources/planning/library/book/other/title.htm.
ARTICLES, PAPERS AND REPORTS
Alastair McFarlane, Inclusionary Zoning and the Development of Urban Land 1-2 (U.S. Dept. of
Housing and Urban Development, Working Paper No. REP 09-02, 2009).
Alejandro E. Camacho, Mustering the Missing Voices: A Collaborative Model for Fostering
Equality, Community Involvement and Adaptive Planning in Land Use Decisions, 24 STAN.
ENVTL. L.J. 17-19 (Installment 1, 2005).
Andres Duany, Emily Talen, Making the Good Easy: The Smart Code Alternative, 29 FORDHAM
L. REV. 1451-1453 (April 2002).
Chad D. Emerson, Making Main Street Legal Again: The SmartCode Solution to Sprawl, 71 MO.
L. REV. 639-645 (2006).
Charles M. Haar and Michael Allen Wolf, Euclid Lives: The Survival of Progressive
Jurisprudence, 115 HARV. L. R EV. 2158 (June 2002).
CLARION ASSOC., DUNCAN ASSOC., PHILADELPHIA: ZONING CODE COMMISSION, NEW
PHILADELPHIA ZONING CODE: BEST PRACTICES REPORT 28-31 (June 2009).
Eliza Hall, Divide and Sprawl, Decline and Fall: A Comparative Critique of Euclidean Zoning,
68 U. PITT. L. R EV. 915 (2007).
Elizabeth A. Lyons, Certified Student Attorney, William Mitchell College of Law. Zoning
Matrix for the Land Use Work Group, Region Five Sustainability Project ( August 2011).
Attached. See Appendix A.
Eric R. Claeys, Euclid Lives? The Uneasy Legacy of Progressivism in Zoning, 73 FORDHAM L.
REV. 731 (2004).
Field Guide to Inclusionary Zoning, NATIONAL ASSOCIATION OF REALTORS WEBSITE (April
2011), http://www.realtor.org/library/library/fg806.
3
Handbook for Minnesota Cities, LEAGUE OF M INNESOTA C ITIES WEBSITE (December 2010),
http://www.lmc.org/page/1/handbook-for-mn-cities-TOC.jsp.
J. Spencer Clark, Rocking the Suburbs: Incentive Zoning as a Tool to Eliminate Sprawl, 22 BYU
J. PUB. L. 258-260, 264-266 (2007).
Jed Burkett, League of Minnesota Cities Risk Management Information, Subdivisions, Plats, and
Development Agreements-Oh My! (April 2008). A copy of this report is also available in the
Client File at the William Mitchell Rosalie Wahl Legal Practice Center.
Jason T. Burdette, Form-Based Codes: A Cure for the Cancer Called Euclidean Zoning? (Apr.
10, 2004) (Unpublished MUP thesis, Virginia Polytechnic Institute and State University)
(available at http://scholar.lib.vt.edu/theses/available/etd-05122004-113700/).
John M. Sumption, Gull Lake Micropolitan Project: Local Unit of Government Survey Report
(March 29, 2010), http://www.explorebrainerdlakes.com/chambers/training/regionalplanning.htm#Background (last visited Aug. 13, 2011). A copy of this report is also available in
the Client File at the William Mitchell Rosalie Wahl Legal Practice Center.
John M. Sumption, Micropolitan Project Wrap-Up Meeting PowerPoint Presentation (Dec. 20,
2010). A copy of this PowerPoint is also available in the Client File at the William Mitchell
Rosalie Wahl Legal Practice Center.
Lindsey E. Allen, Philadelphia Neighborhood Conservation: Using Public Policy to Protect
Historic and Threatened Residential Neighborhoods (Jan. 1, 2010) (Unpublished M.A. Thesis,
University of Pennsylvania) (available at http://repository.upenn.edu/hp_theses/137).
Paul Beyer, NEW YORK STATE O FFICE FOR THE AGING, LIVABLE NEW YORK R ESOURCE
MANUAL: C LUSTER ZONING/CONSERVATION ORIENTED DEVELOPMENT II.2.b1-II.2.b3 (rev. ed.
2011).
Phoenix Planning Commission Subcommittee, Form Based Zoning White Paper 1-12 (January
2006) (available at http://phoenix.gov/urbanformproject/wp10.pdf)
Region Five Development Commission, R5DC Sustainable Communities Applicant Abstract
(2009),
http://www.regionfive.org/department_indexes/community_planning/documents/Printableversio
nofAbstractandNarrativeHUD.pdf (last visited Aug. 14, 2011).
Ronald L. Ellis Jr., Residential Land Use Policy and Conservation Development in the Blanco
River Basin, Applied Research
Projects, Texas State University-San Marcos, Paper 110 (2006). available at
http://ecommons.txstate.edu/arp/110.
Ronald J. Treharne, Euclidean II Zoning: Enhancing Existing Zoning Classification Systems into
a Hierarchical System to Support Sustainable Development and to Support New Urbanism
4
Development, Unpublished Paper (July 2008). (available at http://ron-treharne.com/euclideanii/).
Also attached as Appendix G.
Ronald J. Treharne, Euclidean II Zoning PowerPoint Presentation (Jul. 22, 2008). (available at
http://ron-treharne.com/euclideanii/). Also attached as Appendix H.
Seattle Planning Commission, Incentive Zoning in Seattle: Enhancing Livability and Housing
Affordability White Paper 1-12 (February 2007) (available at
http://www.seattle.gov/planningcommission/docs/SPC_IncZon.pdf).
Shelby D. Green, Development Agreements: Bargained-for Zoning That is Neither Illegal
Contract nor Conditional Zoning, Pace Law Faculty Publications, Paper 432. (2004). available at
http://digitalcommons.pace.edu/lawfaculty/432.
State of California Governor’s Office of Planning and Research, The Planner’s Training Series:
The Conditional Use Permit (August 1997). available at
http://ceres.ca.gov/planning/cup/condition.htm.
VERMONT LAND USE EDUCATION AND TRAINING COLLABORATIVE, LAND USE P LANNING AND
IMPLEMENTATION MANUAL: P LANNED UNIT DEVELOPMENT 22.1-22.4 (2007),
http://www.vpic.info/pubs/implementation/.
VERMONT LAND USE EDUCATION AND TRAINING COLLABORATIVE, LAND USE P LANNING AND
IMPLEMENTATION MANUAL: PERFORMANCE S TANDARDS 21.1-21.4 (2007),
http://www.vpic.info/pubs/implementation/.
WEBSITES
EUCLIDEAN II ZONING WEBSITE, http://ron-treharne.com/euclideanii/ (Last visited Aug. 26,
2011). A copy of the paper on Euclidean II Zoning by Ron Treharne is also available in the
Client File at the William Mitchell Rosalie Wahl Legal Practice Center.
FAIRVIEW TOWNSHIP WEBSITE,
http://www.fairviewtwpmn.com/index.asp?Type=B_BASIC&SEC={16DB77FB-0BC5-4E6F89ED-4561212AFD65} (last visited Aug. 14, 2011).
FORM BASED CODES INSTITUTE WEBSITE , http://www.formbasedcodes.org (Last visited July
11, 2011).
PARTNERSHIP FOR SUSTAINABLE COMMUNITIES WEBSITE,
http://www.sustainablecommunities.gov/index.html (last visited Aug. 13, 2011).
SMART GROWTH NETWORK WEBSITE , http://www.smartgrowth.org/ (last visited Aug. 20,
2011).
5
TWIN C ITIES HOUSING P OLICY WEBSITE, http://www.tchousingpolicy.org/ (last visited July 10,
2011).
ZONING MATTERS: THE OFFICIAL S ITE OF THE P HILADELPHIA ZONING C ODE COMMISSION ,
http://zoningmatters.org/facts/trends (last visited July 10, 2011).
INTERVIEWS AND OTHER CORRESPONDENCE
Telephone interview with Brenda Thomes, City Administrator, City of East Gull Lake (August 9,
23 2011). A copy of the interview notes is available in the Client File at the William Mitchell
Telephone interview with Charles L. Marohn Jr., Executive Director, Strong Towns and
Planner/Engineer, Community Growth Institute (Aug. 15, 2011). A copy of the interview notes is
available in the Client File at the William Mitchell Rosalie Wahl Legal Practice Center.
Telephone interview with Chris Pence, Land Services Supervisor, Crow Wing County (Aug. 11,
2011). A copy of the interview notes is available in the Client File at the William Mitchell
Telephone interview with John Ringle, Director, Cass County Environmental Services
Department (Aug. 11, 2011). A copy of the interview notes is available in the Client File at the
Telephone interview with Marla Yoho, Secretary, Fairview Township Planning Commission
(Aug. 9, 2011). A copy of the interview notes is available in the Client File at the William
Mitchell Rosalie Wahl Legal Practice Center.
Telephone interview with Teri Hastings, City Administrator and Planning and Zoning
Administrator, City of Lake Shore (Aug. 11, 2011). A copy of the interview notes is available in
the Client File at the William Mitchell Rosalie Wahl Legal Practice Center.
E-mail correspondence with Ron Treharne, Architect and Developer of Euclidean II Zoning (Jul.
10 and Aug. 26, 2011). A copy of this correspondence is available in the Client File at the
6
APPENDIX A: ZONING MATRIX
This Matrix provides basic information about zoning types or add-ons to zoning types in
use throughout the United States. By providing a basic understanding it may aid the Work
Group in thinking about what might work within Region Five to achieve its desired land use
goals.
DEFINITIONS
Conditional Use Permit- A permit that a property owner may receive if the project meets the
conditions specified in the city's ordinance. The zoning code specifies the uses that are permitted
if certain conditions are met and the conditions that must be met in order for a permit to be
granted. If the proposal meets the stated conditions, the property owner is entitled to the permit.
It is a useful tool to help give flexibility to traditional Euclidean zoning and gives the city a
certain degree of control over these uses.
Density- The number of inhabitants allowed in a dwelling or the number of buildings or housing
units allowed per unit of area. (Often per acre of land)
Density Bonus- An incentive that allows a developer to increase the number of inhabitants
allowed in a dwelling or the maximum amount of development allowed on a property. In return,
the developer must include provisions in their project that helps the community to achieve a
public policy goal.
Development Agreement: A contract between a landowner/developer and the city. A
development agreement typically includes:
 Documentation of the understanding between the developer and city regarding the design
and construction of the project;
 Establishment of the parameters under which the development will proceed;
 Details the rights and responsibilities of each party to the agreement;
 Designation of who will build, pay for and own the improvements;
 Provision of the timeline for the construction/installation;
 Description of who is liable for any defects or claims
Highest/Best Use- Use of a property that would create the highest value for that property.
Basically what a property can be used for that is the most legal, probable, physically achievable,
and financially supportable that will give the property the highest value possible.
Incompatible Use- An incompatible land use is use of a property in a way that might be
incompatible with other surrounding properties or a use that is not permitted by the local zoning
ordinance.
Livable Communities- Encompasses different community design ideas that allow individuals to
become engaged and involved in their communities. This usually involves structural design
elements including housing, transportation, and recreation in addition to other social elements
including education and cultural diversity all located in central areas that are easy to access and
move around in. (May overlap with the concepts of mixed use, new urbanism and smart growth)
Mixed Use- Planning or zoning that allows for development of a building, group of buildings,
neighborhood or zoning district for more than one use. This is in contrast to traditional Euclidean
zoning which usually keeps uses separate from each other. (May overlap with the concepts of
livable communities, new urbanism and smart growth)
New Urbanism- A planning school of thought or movement that promotes the creation and
restoration of diverse, compact, mixed-use/livable communities that are assembled in a more
integrated fashion into complete communities. This is only a basic definition of new urbanism as
there is no set definition describing the movement. (May overlap with the concepts of livable
communities, mixed use, and smart growth)
Smart Growth- Creative development in ways that promotes conservation and reuse of land that
is already developed, and protection of natural resources and the environment. Reinvesting in
existing infrastructure and reclaiming historic buildings is a major goal as well as designing
neighborhoods that have essential stores and services near homes, and promoting recreational
transportation as well as public transportation for individuals to move easily within their
communities. There is no set definition and ideas of smart growth vary between organizations
and jurisdictions. (May overlap with the ideas of livable communities, mixed use, and new
urbanism)
Smart Growth Principles- A list of 10 principles of smart growth developed by the Smart
Growth Network.
1. Mix land uses.
2. Take advantage of compact building design.
3. Create a range of housing opportunities and choices.
4. Create walkable neighborhoods.
5. Foster distinctive, attractive communities with a strong sense of place.
6. Preserve open space, farmland, natural beauty, and critical environmental areas.
7. Strengthen and direct development towards existing communities.
8. Provide a variety of transportation choices.
9. Make development decisions predictable, fair, and cost effective.
10. Encourage community and stakeholder collaboration in development decisions.
Sustainable Development- A pattern of land and resource use that attempts to meet human
needs at the same time as protecting the environment and natural resources not only for the
present but also for future generations.
Urban Sprawl-Growth and expansion of urban areas into nearby rural and suburban areas.
Unchecked or even deliberate growth may create or exacerbate problems such as dependence on
transportation, reduction of available space for open areas or parks, and the need for additional
infrastructure such as streets, highways and sanitation.
Variance- A variance is a discretionary tool a LUG uses to allow a landowner to vary from the
strict reading of the code requirements because there is something about the land that makes
compliance with the strict reading of the code not feasible.
Zoning- Land use planning device used by local units of government (LUG’s) to plan the layout
and/or design of their jurisdictions, and specify the uses that are permitted in the jurisdiction.
Zoning requirements or regulations are usually incorporated into a code or ordinance that is then
administered by the LUG.
Zoning District- A part of a jurisdiction or community designated by a zoning code or ordinance
for certain kinds of land uses or other municipal land controls.
Euclidean Zoning
Description of the
Zoning
Philosophy
Goals of this Type
of Zoning
Examples of
Classifications
Pros of this Type
of Zoning
Cons of this Type
of Zoning
Historically, Euclidean zoning is the most commonly used type of zoning. It regulates
development through land use classifications by segregating land uses into specified
geographic distributions. Each land use must comply with dimensional standards that
regulate the height, bulk and area of structures. These dimensional standards stipulate
limitations on the development allowed within each type of district. Residential uses are
generally afforded greater protection than industrial uses due to the development of
Euclidean Zoning as a response to private nuisances that occurred as a result of the
Industrial Revolution.
To separate incompatible or noxious uses from the community thereby protecting public
health and welfare. To provide for orderly growth, prevent overcrowding, and alleviate
congestion as well as maintain the status quo.
Land uses are divided into main categories based on their land use: Residential,
Institutional, Commercial, Industrial, Recreational, Agricultural, etc. Land uses may also be
subdivided i.e. Single family residential, multi-family residential, manufactured home
residential, etc. Within classifications are dimensional standards such as setbacks, side
yards, height limits, minimum lot sizes and lot coverage limits. Additionally there may also
be certain design standards imposed.
 Euclidean Zoning has for the most part accomplished its goals and was historically
effective for use in early industrial cities.
 Relatively easy to implement and has long established legal precedent, therefore it is
more familiar in concept to the general public and to developers.
 Has the potential to foster predictability regarding land use of adjacent properties and
may protect both personal property investments as well as public rights.
 Has the potential to provide accountability because of its rigidity. This, in turn, may
foster objectivity because either a project meets the requirements or it doesn’t.
Therefore, people can usually expect to be treated the same under these codes.
 May be cheaper to implement and administer than other methods of preserving land
use outside zoning codes. (Ex. Easements)
 Due to the rigidity of Euclidean Zoning, it may be hard in reality to achieve the desired
results in many settings. Many Local Units of Government (LUG’s) use variances to
address unique characteristics of a parcel and conditional use permits to allow certain
uses if specified conditions are met. These tools can create the perception of
disparity or arbitrary decision-making.
 Many see this zoning type as institutionalizing outdated planning theory. It worked
well in the past but it has become problematic in the present because it arguably
ignores how cities really operate. This has led to urban sprawl as areas experience
short term growth and success, then decline if jurisdictions are unable to financially
maintain the growth in the long term.
 Rigid requirements may interfere with personal building choice i.e. the right to do
what you want with your land.
 Rigid requirements may lead to monotony in street layout and design: when buildings
in an area must all comply with the same dimensional and design standards, they
begin to look alike.
 Fosters urban sprawl because it separates residential and commercial uses requiring
residents to travel greater distances to reach their destinations, and it creates a
dependence on vehicles or other forms of transportation rather than walking.
Segregated uses also has the potential to prevent rather than promote interactions
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Example
Citations &
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between the public and their neighborhoods.
 May exclude certain populations or separate economic classes.
 May impede the development of mixed-use, livable communities because uses are
often entirely separated.
Euclidian zoning generally does not effectively support sustainability by itself but could do
so if it is used as a base level for zoning classifications with other types of zoning added to
promote sustainability goals. It does not promote the provision of more transportation
choices because it focuses on the use of land and does not readily provide for other
infrastructure. Urban sprawl limits the amount of area of land available for neighbor
friendly parks or open green areas, as well as space for agriculture because these areas
are taken up by buildings and other infrastructure. The rigidity of Euclidean classifications
do not allow for much variation in structures overall so may promote aesthetic monotony
in addition to preventing mixed used in an area. Monotony, urban sprawl, and prevention
of mixed uses may in turn lessen the walkability and “small town” or “downtown” feel of
areas leading to less public interaction with their neighborhoods. Therefore the value of
communities and neighborhoods may be lessened rather than promoted. Additionally the
urban sprawl created by Euclidean Zoning combined with growth does not support
existing communities because areas may grow beyond what many jurisdictions are able to
financially afford to maintain them. This may lead to economic decline of an area as well
as the physical decline of infrastructure in addition to the possibility for LUGs to cut vital
community services to meet their budgetary needs.
No specific example. Almost any code in Minnesota is based on Euclidean zoning.
However almost no codes are purely Euclidean anymore and may include exceptions,
modifications or several different zoning types rolled into one.
The Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (1926); Handbook for Minnesota
Cities, LEAGUE OF MINNESOTA CITIES WEBSITE (December 2010),
http://www.lmc.org/page/1/handbook-for-mn-cities-TOC.jsp; Zoning Matters: The
Official Site of the Philadelphia Zoning Code Commission,
http://zoningmatters.org/facts/trends (last visited July 10, 2011); Eliza Hall, Divide and
Sprawl, Decline and Fall: A Comparative Critique of Euclidean Zoning, 68 U. PITT. L. REV.
915 (2007); Charles M. Haar and Michael Allen Wolf, Euclid Lives: The Survival of
Progressive Jurisprudence, 115 HARV. L. REV. 2158 (June 2002); Eric R. Claeys, Euclid Lives?
The Uneasy Legacy of Progressivism in Zoning, 73 FORDHAM L. REV. 731 (2004);
Euclidean II Zoning
Description of the
Zoning Philosophy
This is only a proposed modification to traditional Euclidean Zoning and not an
established type of zoning. Some of the ideas encompassed by Euclidean II Zoning have
been incorporated into variations on traditional Euclidean Zoning. However, Euclidean II
Zoning takes many of these ideas and incorporates them together into a zoning type that
could potentially be used as either a parallel or stand- alone code. However, at this time
there are no published papers or established precedent beyond its creator, Ron Treharne.
This matrix only discusses the basic concept of Euclidean II Zoning. For more detail, see
Appendix G for the paper Mr. Treharne authored on the topic. Mr. Treharne is willing to
discuss Euclidean II zoning directly and his contact information can also be found in
Appendix G. Additionally, see Appendix H for Mr. Treharne’s PowerPoint presentation on
the topic.
Euclidean II Zoning uses traditional Euclidean classifications but places them in a
hierarchical order "nesting" one zoning classification within another allowing for mixed
uses in all zoning districts. “Nesting” means that each zoning classification is
encompassed by or a subset of another zone classification. Once a zoning classifications is
2
Goals of this Type
of Zoning
Examples of
Classifications
Pros of this Type
of Zoning
Cons of this Type
of Zoning
defined with its permitted uses, than it and its permitted uses are permitted uses in any
subset of the zoning class. This is intended to add a third dimension to zoning but still
protect land values by layering the zoning districts into levels based on their location in
urban society. Euclidean II Zoning also takes utilities, transportation and other
infrastructure into consideration unlike traditional Euclidian Zoning. One interesting thing
about Euclidean II Zoning is that all permitted activities and definitions are tied directly to
a state’s building code, Municode (A company and website maintained by the Municipal
Code Corporation to codify and provide access for municipal laws and ordinances), and
the North American Industry Classification System (NAICS) to ensure uniformity. In this
way, many of the different aspects of land use can be incorporated into a single code. This
is potentially less complicated to implement and administer than adding in different types
of zoning piecemeal on a traditional Euclidean based code as issues arise.
To modernize zoning by simplifying all zoning classifications into a single and uniform set
of activities. To include the concepts of mixed use, new urbanism and "highest and best
use" into a comprehensive zoning code. To simplify the implementation and
administration of zoning.
Essentially there are four levels (Regional, Municipal, Community, and Neighborhood)
within three categories (Public, Private, and Semi Public Social Services) that are
incorporated into the traditional zoning classifications the majority of LUGs are already
familiar with. (Industrial, Business, Agricultural, Multi-family, Residential, etc.) There are
additionally "new" categories included that previously had no zoning classification
defined. (Utilities, Governmental, Civic, Parks, Vehicular, etc.) See Appendices G and H for
diagrams and charts of how these classifications look put together.
 Has the potential to simplify zoning classifications into a single, uniform set of
activities
 It is theoretically fairly easy to transition from existing systems to Euclidian II Zoning.
The developer claims it is simple to understand, adopt, and implement in addition to
using familiar terms and definitions. This is because it is similar to traditional
Euclidean Zoning but arguably better organized. (Single list of classifications and
definitions, single matrix of max/min requirements)
 May foster the concepts of new urbanism, and “highest and best use” through
allowing mixed uses and “lesser” uses within a zoning classification. (Ex. Promoting
rebuilding on an existing site, closer proximity to existing infrastructure or
transportation, and re-using existing buildings)
 May protect existing zoning classifications and land values because a LUG incorporate
them into the Euclidean II System. (Ex. You can still separate activities, Planned Unit
Developments (PUDs) and special zoning districts would still be allowed.)
 Potential to have no ambiguities or gray areas-One does not have to fully understand
why it works. They just need to refer to the defined set of definitions, look at a table,
and be able to tell what is permitted and what is not in a particular zoning
classification.
 May be adopted as a stand-alone code or can be implemented parallel to an existing
code.
 Untested philosophy
 Can be a little difficult to understand at first. If the explanation is written, it can be
difficult to visualize the concept. May require education for planning commissions,
planning departments and developers.
 Unless widely adopted, developers may avoid communities that have a new, untested
zoning philosophy because of the time (i.e. cost to them) to learn, understand and
incorporate the zoning into their designs.
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Example
Citations &
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Unless planning departments and planning commissions understand this tool, they
may not know how to incorporate this tool into their ordinances or may rely on other
zoning tools to achieve the desired result.
 Diagrams, charts and other visual tools are necessary for ease of understanding and
implementation but they can take up space so might create longer ordinances.
Euclidean II Zoning has the potential to support sustainable development better than
traditional Euclidean Zoning because it can take more than just use into consideration and
organize it into a comprehensive system. Use or activity, social necessity and impact on
the surrounding community are potentially accounted for in Euclidean II Zoning. This
helps lessen the “Not in my backyard” segregation of undesirable uses or activities into
areas that are less economically affluent while still protecting the value of communities.
This type of zoning would also be able to grow with the changing needs of the community
because it would allow for set criteria and formula for the LUG to evaluate any new
undefined use or activity and either place it within the closest existing classification or
create a new one. It can also help plan for public services that are more easily accessible
or at least more evenly distributed.
Euclidean II Zoning may also be economically and environmentally sustainable by
promoting reduced dependence on transportation due to the potential to build more
mixed use, walkable communities. It also may promote the use of existing lots for new
developments or transformation of existing buildings which provides support to existing
communities. There may also be less urban sprawl because Euclidean II Zoning would
attempt to make development more efficient and concentrated rather than spread out.
There are no zoning codes or ordinances that have thus far utilized Euclidean II Zoning as
the basis for their zoning system.
Euclidean II Zoning Website, http://ron-treharne.com/euclideanii/ (Last visited Aug. 26,
2011); Ronald J. Treharne, Euclidean II Zoning: Enhancing Existing Zoning Classification
Systems into a Hierarchical System to Support Sustainable Development and to Support
New Urbanism Development, Unpublished Paper (Jul. 22, 2008). (Attached as Appendix G
and available at http://ron-treharne.com/euclideanii/; Ronald J. Treharne, Euclidean II
Zoning PowerPoint Presentation (Jul. 22, 2008). (Attached as Appendix H and available at
http://ron-treharne.com/euclideanii/). E-mail correspondence with Ron Treharne,
Architect and Developer of Euclidean II Zoning (Jul. 10 and Aug. 26, 2011). A copy of this
correspondence is available in the Client File at the William Mitchell Rosalie Wahl Legal
Practice Center.
Exclusionary Zoning
Description of the
Zoning
Philosophy
Goals of this Type
of Zoning
“Exclusionary Zoning” is not truly a type of zoning, rather it refers to zoning requirements,
language or practices that exclude uses or developments – or has the effect of excluding
uses or developments -- deemed politically or socially undesirable. Most zoning provisions
have some exclusionary aspects – ex., zoning an area as residential excludes industrial
developments. The exclusionary aspects may either be intentional or
unintentional. Exclusionary Zoning provisions can singly or in combination indirectly result
in the exclusion of certain populations or housing for low or moderate income groups. A
court may find that a zoning provision which excludes housing projects that are likely to
include racial minorities or other protected classes violates the federal Fair Housing Act,
the Minnesota Human Rights Act or the Equal Protection Clause of the 5th and 14th
Amendments of the U.S. Constitution. Therefore, LUG’s must be cautious in crafting
zoning codes so as not to have unintended or illegal results.
Emphasis is placed on separating incompatible or noxious uses from the public by keeping
certain uses out of certain areas. Other goals are providing for orderly growth, prevention
4
Examples of
Classifications
Pros of this Type
of Zoning
Cons of this Type
of Zoning
Does this Type of
Zoning Support
Sustainability?
Zoning Code
Example
of overcrowding, preserving the value of properties, alleviating congestion, protecting the
health and welfare of the public, and creating enclaves of high valued properties.
Exclusion of multi- family dwellings, restrictions on the number of bedrooms allowed in
multi-family dwellings, having minimum building or lot sizes, exclusion of mobile homes,
etc.
A "Formula Retail Business Ordinance" (FRB ordinance) is a tool some cities have used to
restrict certain retail uses based on the appearance or operation of the business. These
ordinances apply to business that have the same design, trademark, characteristics,
inventory or menu a dozen or so other businesses -- in other words, a chain store that
looks exactly the same in one community as it does in another. The FRB ordinances
generally limit the size of these stores and impose design and operation restrictions (such
as banning drive-through features), subject the business to design review (ex. San
Francisco, California) or require the business to meet specified conditions (ex. the cities of
Sausalito and Los Gatos in California). Communities have adopted these ordinances to
curb congestion (ex. Palm Beach, Florida), preserve a historic district (ex. Bristol, Rhode
Island), residential character (ex. Calistoga, California), or village atmosphere (ex.
Coronado, California), counter a "growing mall atmosphere" (ex. Los Gatos, California), or
create a unique visual appearance (ex. Sausalito, California). Usually the ordinance lists
conditions that must be met in order to obtain a conditional or special use permit. Some
of the themes or components in these lists include a design review with extensive or
specific requirements; meeting the conditions required of all applicants for a conditional
or special use permit; and meeting additional requirements applicable only to a FRB use.
 Theoretically maintains the upkeep of neighborhoods and creates uniformity in
neighborhood aesthetics
 Proponents believe eliminating certain uses reduce opportunities for crime and
vandalism by eliminating uses stereotypically considered problematic (Ex. apartment
complexes, liquor stores, adult bookstores)
 May eliminate or minimize uses that require public services or infrastructure (ex.
highway improvements, water and sewer, larger schools)
 Where industrial or commercial uses are prohibited or limited to resident serving
enterprises, there may be reduced environmental impacts such as large surface
parking lots, traffic congestion, and air or light pollution.
 May result in economic or racial segregation; may institutionalize racial prejudice and
perpetuate stereotypes
 Prejudicial to those of low or moderate means because it may create a lack of
affordable housing
 Not particularly effective in supporting sustainability
 May promote dependence on transportation for people who work but can’t afford to
live in the same area.
 Many courts have found exclusionary zoning provisions to be illegal or invalid.
No, because it does not promote ideas such as mixed use, livable communities which are
considered to be more sustainably oriented and community friendly. May encourage
racial or economic segregation, decrease affordable housing, and increase dependence on
transportation which does not promote the value of a community nor support existing
communities.
Minnesota has not directly addressed exclusionary zoning. An out of state example in
which a zoning ordinance was found to be exclusionary is Builders Serv. Corp. v. Planning
and Zoning Comm’n of East Hampton, 545 A.2d 530 (1988) (ordinance that required a
minimum floor area of 1,300 square feet for new housing was invalid, because it did not
serve the purposes of zoning set forth in the state’s zoning enabling act).
5
Citations &
References
PETER K. BECK ET AL ., NATIONAL BUSINESS INSTITUTE , PRACTICAL GUIDE TO ZONING AND LAND USE
LAW IN MINNESOTA 106-108 (2004); Southern Burlington County N.A.A.C.P. v. Mount Laurel
Tp., 336 A.2d 713 (1975) (upheld Met Council’s approach for negotiating affordable
housing goals to meet the Goals of the Minnesota Livable Communities Act); Minnesota
Livable Communities Act, MINN. STAT. § 473.25 (2010); Pennsylvania Legislator’s Municipal
Deskbook 3d ed., Exclusionary Zoning and the Fair Share Doctrine 121-122 (2006),
available at
http://www.lgc.state.pa.us/deskbook06/Issues_Land_Use_04_Exclusionary_Zoning.pdf.
Inclusionary Zoning
Description of the
Zoning Philosophy
Goals of this Type
of Zoning
Examples of
Classifications
Pros of this Type
of Zoning
Cons of this Type
of Zoning
“Inclusionary Zoning” is not a true type of zoning, rather it refers to zoning language,
requirements or practices that mandate or encourage certain uses. The idea was a
response by planners to challenges concerning exclusionary zoning requirements as they
relate to housing or commercial businesses. For example, developers of new residential
projects may be required or encouraged to set aside a certain percentage of residential
units for households of low or moderate income. A mandatory program requires the
inclusion of a certain number of units. Some programs allow a developer to give cash in
lieu of providing additional units. A voluntary program offers incentives for the inclusion
of affordable housing units. These incentives can include fee waivers, fast tracked
permits, exceptions, bonus densities or other incentives or rewards. Inclusionary zoning
can be incorporated into an ordinance, zoning code, policy statement, jurisdictional
housing element or public financing program. Most courts have not conclusively decided
upon the legality of inclusionary zoning. However, in Minnesota, Attorney General Lori
Swanson wrote a 2007 opinion which seems to indicate it is legal in Minnesota under
Minn. Stat. §§ 462.358 and 473.859. (See reference below.)
Encouraging the provision of affordable housing or business space when new
development occurs and providing for housing and building space affordability to
continue into the future.
A certain percentage of residential units set aside for affordable housing or affordable
business space, affordability criteria based on median income to ensure future
affordability, and future sales prices to project affordability even further into the future.
Provisions in the ordinance for density bonuses, low income housing tax credits,
incentives for expedited zoning and approval, decreased lot sizes for low to moderate
income housing, or zoning variances for low to moderate income housing.
 May promote affordable housing or affordable business space for people of low to
moderate income at little or no cost to the LUG. This may in turn promote future
affordability and Smart Growth Principles.
 Adds a degree of flexibility and may combat exclusionary zoning practices by creating
income integrated communities. Can be incorporated into existing zoning.
 Has the potential to reduce transportation dependence if affordable homes are
created near jobs.
 Give and take: the community benefits but so does the developer.
 Most courts have not decided on the legality of Inclusionary Zoning; legality of
mandatory programs are often challenged
 Developer may incur higher costs, in return raising the price of market-rate housing
and may actually reduce the housing supply.
 May shift the cost of affordable housing or business space to other groups
 May cause unwanted growth in areas that otherwise would not have grown as much.
This may in turn burden the provision of local governmental services.
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Failure by a municipality to include any incentives could cause developers to choose
to build in areas more profitable to them.
Yes Inclusionary Zoning can promote sustainability in the area of providing equitable and
affordable housing or business space. Having affordability criteria and/or pricing criteria
for future sales may help ensure that housing remains affordable in the future.
Additionally, by providing affordable housing, people might be able to afford a home in
the same area in which they work which could reduce dependence on transportation.
LUGs could utilize inclusionary zoning practices in areas of redevelopment by building
new housing on existing lots or transforming larger older buildings into affordable
apartments or lofts.
The City of Chaska, MN has included inclusionary zoning into its ordinancehttp://www.chaskamn.com/new_resident/zone_pdf/Intent%20of%20Districts.pdf. It
wanted to provide affordable, mixed income housing and preserve the small town feel of
their community yet welcome future growth.
CURRENT TRENDS AND PRACTICAL STRATEGIES IN LAND USE LAW AND ZONING 145-146, 150, 154155 (Patricia E. Salkin, ed., ABA Section of State and Local Government Law) (2004);
Alastair McFarlane, Inclusionary Zoning and the Development of Urban Land 1-2 (U.S.
Dept. of Housing and Urban Development, Working Paper No. REP 09-02, 2009); Field
Guide to Inclusionary Zoning, NATIONAL ASSOCIATION OF REALTORS WEBSITE (April 2011),
http://www.realtor.org/library/library/fg806; TWIN CITIES HOUSING POLICY WEBSITE ,
http://www.tchousingpolicy.org/ (last visited July 10, 2011); MINN. STAT . §§ 462.358,
473.859 (2010); Opinion Letter from Attorney General Lori Swanson on MINN. STAT. §§
462.358, 473.859-available at
http://www.tchousingpolicy.org/_uls/resources/articles/AG_Opinion_on_IZ.pdf (2007).
Contract Zoning/Conditional Zoning/Development Agreements
Description of the
Zoning Philosophy
Contracts or agreements between cities and developers are not individual zoning types
but are used in a variety of instances to achieve desired results for both parties such as
re-zoning, restrictions on the land or development, public financing or infrastructure
development. The terms are often interchanged or a state or region may adopt one
term.
In Minnesota, “development agreement” is the most commonly used term which states
the “understanding between the developer and the city regarding the design and
construction of the particular project. It establishes the parameters under which the
development will proceed, as well as the rights and the responsibilities of the developer
and the city. Issues resolved in a development agreement include: The design,
installation and financing of public improvements; security for completion of
improvements installed by developer, a cash deposit, certified check, irrevocable letter of
credit, bond, or other financial security; design of lighting, landscaping, sidewalks,
underground utilities and other site plans issues; and coordination of construction with
the installation of various utility improvements.”
Conditional Zoning, a term used outside Minnesota, should not be confused with
“Conditional Use Permits” which are used in Minnesota. Conditional Use Permits are
discussed briefly below and will also be examined in more detail in the next memo due
October 1, 2011.
Development agreements are negotiated agreements between a developer and a LUG.
A “Community Benefits Agreement” is a “legally enforceable contract, signed by
7
Goals of this Type
of Zoning
Examples of
Classifications
Pros of this Type
of Zoning
Cons of this Type
of Zoning
Does this Type of
Zoning Support
Sustainability?
Zoning Code
Example
References
1
community groups and by a developer setting forth a range of community benefits that
the developer agrees to provide as part of a development project”1 in exchange for
community support for the project and other negotiated consideration. Benefits typically
include local hiring aspirations or requirements, measures to mitigate traffic and parking
concerns, affordable housing and land set aside for public use.
Mutual agreement between developers and municipalities. Accommodation of uses that
would not be harmful but would not be generally allowed in an area. Obtain community
or public benefits from a private development.
A LUG’s zoning code is for residential use but a business wants to use it commercially. The
business makes an agreement with the LUG to re-zone the area as commercial. In return
the business restricts its use to avoid certain uses that are objectionable to the residents.
 Courts are more recently open to this type of zoning, especially in the context of a
Planned Unit Development.
 May be used to address conditions that are not specified in a zoning or subdivision
ordinance.
 May be used to obtain public or community benefits in exchange for public subsidies
or financing.
 May allow the city and developer to specify project details.
 Historically considered illegal abrogation or delegation of police powers or a takings
without just compensation, and therefore invalid.
 Jurisdictions desiring development may forego a demand for a “quid pro quo”,
leading to a project only beneficial to the developer and not to the community.
 Implementation may be arbitrary and subject to legal challenge
Contract Zoning, Conditional Zoning, and Development Agreements can be used to align
local planning goals and investment resources to achieve sustainable communities. CBAs
enable community participation in the decision-making process. Development
Agreements and CBAs can be used to help reduce social and economic disparities for lowincome and communities of color, and to minimize displacement in neighborhoods with
significant disadvantaged populations. By incorporating affordable housing requirements
into the agreement, a jurisdiction can increase the proportion of low and very lowincome households near transit lines, job centers parks, schools and other vital amenities.
or job centers. However, the contract or agreement must specifically target these goals.
The provisions would be limited to the specific project and would promote overall
sustainability in a jurisdiction. Therefore, these types of contracts, conditions or
agreements must be used in combination with other tools in order to achieve
sustainability goals.
I haven’t found any examples of “contract zoning” in Minnesota, but two things should be
noted: According to the Minnesota Land Planning Act, any rezoning of a parcel of land
must be consistent with the comprehensive plan. Also, Minnesota uses Development
Agreements which incorporate many of the features of “contract zoning”. An example is
using Development Agreements for the development of toll facilities. MINN. STAT.
§160.85, subd. 4 (2010). LUGs can also include language concerning development
agreements in their subdivision ordinances requiring Development Agreements prior to
approval of a final plat of a proposed subdivision. Ex. Crow Wing County, Minnesota (see
below for reference)
PETER K. BECK ET AL ., NATIONAL BUSINESS INSTITUTE , PRACTICAL GUIDE TO ZONING AND LAND
USE LAW IN MINNESOTA 108-110 (2004); Minnesota Land Planning Act, Minn. Stat. §
473.858, subdiv. 1 (2010); Handbook for Minnesota Cities, LEAGUE OF MINNESOTA CITIES
~ Julian Gross, HANDBOOK: COMMUNITY BENEFITS AGREEMENTS: MAKING DEVELOPMENT PROJECTS ACCOUNTABLE (2005)
8
WEBSITE (December 2010), http://www.lmc.org/page/1/handbook-for-mn-cities-TOC.jsp;
MINN. STAT. §160.85, subd. 4 (2010); Crow Wing County, Minn., Subdivision Ordinance,
Art. 6.1 (Aug. 8, 2006) available at http://www.co.crowwing.mn.us/planning___zoning/docs/Subdivision_Ordinance_cleaned_up_9_23_10.pdf;
Jed Burkett, League of Minnesota Cities Risk Management Information, Subdivisions,
Plats, and Development Agreements-Oh My! (April 2008). A copy of this report is also
available in the Client File at the William Mitchell Rosalie Wahl Legal Practice Center.
BRIAN W. OHM, DEPARTMENT OF URBAN & REGIONAL PLANNING UNIVERSITY OF WISCONSINMADISON/EXTENSION, GUIDE TO COMMUNITY PLANNING IN WISCONSIN 2.5, 2.3 (1999)
available at
http://www.lic.wisc.edu/shapingdane/resources/planning/library/book/other/title.htm;
Shelby D. Green, Development Agreements: Bargained-for Zoning That is Neither Illegal
Contract nor Conditional Zoning, Pace Law Faculty Publications, Paper 432. (2004).
available at
http://digitalcommons.pace.edu/lawfaculty/432.
Conditional Use Zoning
Description of the
Zoning Philosophy
Goals of this Type
of Zoning
Examples of
Classifications
Pros of this Type
of Zoning
Cons of this Type
of Zoning
Does this Type of
Zoning Support
Sustainability?
Zoning Code
Example
Citations &
References
Conditional uses are activities or uses allowed by a zoning ordinance if certain conditions
detailed in the zoning ordinance are met. The LUG issues a conditional use permit (CUP)
to the landowner if the landowner applying for the permit satisfies the conditions. CUPs
are effective indefinitely as long as the conditions continue to be met. As long as the
landowner can prove the conditions are met, the LUG must approve the application for a
CUP.
To allow a LUG to consider certain uses or activities that may be either essential or
desirable to its community, but that are not allowed as a matter of right within one of the
zoning districts. Likewise, a LUG can use a CUP to control certain uses or activities that
might have a detrimental effect on its community. To provide flexibility within a zoning
ordinance.
Each LUG may include in its zoning ordinance a wide variety of uses or activities which are
allowed with a conditional use permit. (Ex. Churches commonly must obtain a CUP in
order to build a church in a residential area.)
 May provide flexibility within a zoning ordinance by allowing uses or activities under
certain conditions that would otherwise not be allowed.
 Landowners might be able to use their land in the manner they desire.
 The jurisdiction must draft the conditions carefully to avoid unintended
consequences which would have a negative impact on the area or community
 Granting too many CUPs could lead to inconsistency in the zoning of an area or
community-This would give the appearance that everyone is not treated equally.
CUPs could be used to promote sustainability by incorporating conditions that support
sustainability. This includes using CUPs to promote more mixed use communities in areas
traditionally limited to only one type of use while at the same time using the conditions
to control the impact of the use on the community or environment. CUP’s would also be
somewhat piecemeal as a developer may choose to create a permitted use rather than
incorporating the conditions required for a conditional use permit. CUPs would likely be
far less efficient in promoting sustainability goals overall in a jurisdiction.
The majority of zoning ordinances in Minnesota allow for CUPs. Two examples are Cass
County, Minnesota and the City of Lake Shore, Minnesota. (See below for references.)
PETER K. BECK ET AL ., NATIONAL BUSINESS INSTITUTE , PRACTICAL GUIDE TO ZONING AND LAND
USE LAW IN MINNESOTA 108-110 (2004); MINN. STAT. §462.3595 (2010); Handbook for
9
Minnesota Cities Ch. 14, LEAGUE OF MINNESOTA CITIES WEBSITE (December 2010),
http://www.lmc.org/page/1/handbook-for-mn-cities-TOC.jsp; State of California
Governor’s Office of Planning and Research, The Planner’s Training Series: The
Conditional Use Permit (August 1997). available at
http://ceres.ca.gov/planning/cup/condition.htm; CASS COUNTY, MINN., LAND USE
ORDINANCE #2005-1, 16-19 (Amended by #2009-07) (Effective Jan. 10, 2010), available at
http://www.co.cass.mn.us/ordinances/200501_landuse.pdf; City of Lake Shore, Minn.,
Land Use and Subdivision Ordinance 123-126 (Jul. 27, 2009), available at
Modular/Composite Zoning
Description of the
Zoning Philosophy
Goals of this Type
of Zoning
Examples of
Classifications
Pros of this Type of
Zoning
Cons of this Type
of Zoning
Modular or Composite Zoning is incorporated into an existing ordinance rather than used
as a basis for a stand-alone zoning code. It creates separate zoning districts for
fundamental elements such as permitted uses, dimensional standards, design standards,
and development standards. Then those districts can be combined in different ways to
create customized combinations. It is similar to Overlay Districts, discussed below under
Smart Zoning. The difference is that Overlay Districts are adaptations or add-ons to an
already existing code where Modular or Composite Zoning is incorporated into the code
itself. Modular or Composite Zoning was used more before traditional Euclidean Zoning
gained popularity. Today, some cities are using Modular or Composite Zoning to
modernize their ordinances and add flexibility.
Encouraging flexibility (can request a zoning amendment to a module, rather than the
whole code). More closely tailoring zoning regulations to specific neighborhood
character (can combine a use module that matches the character of an area with a size
module that also matches).
Similar to Euclidean but combines uses with other considerations such as densities and
lot requirements into the classifications. For example, the module RS-2-2:
 R=Residential
 S= single family
 The first number indicates density=In this example the number 2 is associated with a
medium density
 The second number indicates lot size=In this example, the number 2 is associated
with a lot size of 6,000 sq. ft.
 May create predictability for neighborhoods and increase the detailed tailoring of a
development to match the character of a neighborhood.
 May lessen need for zoning to drastically change over time because it specifically
regulates the character of the neighborhood.
 May increase flexibility because there are many potential combinations to choose
from to fit the municipality.
 May improve the effectiveness of zoning because it takes more than just use into
account as a basis for the zoning classifications or districts
 May add quite a bit more complexity to zoning codes because there are so many
combinations possible for the modules
 May require time consuming research to determine how to group modules. This in
turn requires more staff and more public education.
 There may be a higher potential for unintended consequences. The modules may
look good on paper but be impossible in practice.
 Complexity of modules may reduce public comprehension of the zoning ordinance
and increase costs for a developer.
10

Does this Type of
Zoning Support
Sustainability?
Zoning Code
Examples
Citations &
References
Modular or Character-based zoning may create uncertainty or lead to arbitrary
application
 May be considered a misuse of discretion on the part of the LUGs depending on the
state one is in.
Yes, however, how successful it can be in achieving sustainability really depends on how
the modules are set up and what they are designed to accomplish. Modules can be used
to promote mixed use, livable communities but they just as easily be used in a way which
separates uses and increases dependence on transportation. If used to promote
sustainability Modular or Composite Zoning helps to value neighborhoods and
communities by providing developers and landowners more options for aesthetics, for
and design. Uses can be mixed where appropriate and communities can be laid out in a
fashion that promotes the interaction of people with their communities. Compatible uses
can potentially be placed more easily next to each other. This provides the opportunity
to still separate incompatible uses but not have such strict use segregation as one sees
under traditional Euclidean zoning. This in turn may promote development patterns that
are less dependent on the need for private transportation and could encourage the
provision of more public transportation options.
City of Leander, Texas-Composite Zoning Ordinancehttp://www.leandertx.org/pdfs/CompositeZoningOrdinance06.02.2011.pdf; City of
Boulder, Colorado-Revised Code Title 9, Land Use Regulationhttp://www.colocode.com/boulder2/title9.htm.
Zoning Matters: The Official Site of the Philadelphia Zoning Code Commission,
http://zoningmatters.org/facts/trends (last visited July 10, 2011); CLARION ASSOC.,
DUNCAN ASSOC., PHILADELPHIA: ZONING CODE COMMISSION, NEW PHILADELPHIA ZONING CODE:
BEST PRACTICES REPORT 28-31 (June 2009); Lindsey E. Allen, Philadelphia Neighborhood
Conservation: Using Public Policy to Protect Historic and Threatened Residential
Neighborhoods (Jan. 1, 2010) (Unpublished M.A. Thesis, University of Pennsylvania)
(available at http://repository.upenn.edu/hp_theses/137).
Performance Based Zoning
Description of the
Zoning Philosophy
Goals of This Type
of Zoning
Examples of
Classifications
Zoning
Performance Based Zoning regulates the impacts of land uses by providing standards
that limit certain nuisance-like activities that aren’t effectively regulated under
traditional zoning. It is not really a true zoning type, rather an add-on to an existing code
to allow for more controls over certain activities. The focus is on the effects and impacts
of land use rather than on specific land use classifications. This is accomplished by
including standards in codes or ordinances that address the operation (performance) of a
use. These performance standards are often included in a zoning ordinance or can also
be incorporated as part of a separate nuisance ordinance. Performance standards can
also establish review parameters for proposed development projects. As a result, this
would allow a developer to build almost any building as long as it meets the performance
standards. Performance standards can be imposed during the permitting process or as a
corrective action should a problem arise after the fact.
Limit conflicting or incompatible uses; prevent one land use from adversely affecting
adjacent uses; regulate the effects and impact of land use; promote environmental
protection.
Noise, vibration, smoke, dust, odor, glare, refuse or wastes, explosive or other hazards,
traffic flow, access to light and air, parking, stormwater, open space protection, etc.
 Considers elements of municipal planning that are not generally addressed by
traditional Euclidean zoning
11

Cons of this Type
of Zoning
Does this Type of
Zoning Support
Sustainability?
Zoning Code
Examples
Citations &
References
Very flexible and rational when it is a major component of a zoning code. Developers
and landowners have lots of options as long as they comply with the standards.
 Transparency and accountability-One can see what is expected of them and can
readily be held accountable for compliance with the standards.
 May be used to include environmental protections and sustainability goals
 May be difficult to administer or enforce because it requires a higher level of
discretionary activity on the part of the supervising authority which may not be a
possible in smaller or economically challenged municipalities.
 Not yet widely adopted in the United States, however many of the zoning codes in
the Region Five area have Performance Standards added in.
 Must be designed to address the real concerns of the community otherwise they are
ineffective.
 With flexibility comes less certainty of requirements for the general public as well as
the potential for arbitrary application or decisions on the part of the jurisdiction.
Yes especially concerning the environment and attractiveness of an area to residents and
businesses. This is because it takes into account many aspects that need to be
considered to protect the environment and provide a clean and healthy area for the
general public and businesses to use. Performance standards can be used to protect
natural resources in addition to promote public health and welfare buy placing more
controls on what are thought to be nuisance-like activities. Performance standards can
also take into account roads and other infrastructure. Therefore they can both enhance
the value of a community, and support existing communities.
No municipality has an entirely performance based code, rather cities utilizing this zoning
type have a hybrid code which includes Euclidean and perhaps even other zoning types
rolled into one. A couple of Region Five examples are the City of Brainerd’s Zoning Code
(http://www.ci.brainerd.mn.us/docs/zoningcode/) and the City of Lake Shore
(http://cityoflakeshore.com/index.cfm?planning-zoning).
http://zoningmatters.org/facts/trends (last visited July 10, 2011); DOUGLAS R. PORTER ET
AL ., THE URBAN L AND I NSTITUTE , FLEXIBLE ZONING: HOW IT WORKS 3-5, 8-10, 11-13, 95-96 (2d
ed. 1991); VERMONT LAND USE EDUCATION AND TRAINING COLLABORATIVE , PERFORMANCE
STANDARDS 21.1-21.4 (2007). http://www.vpic.info/pubs/implementation/.
Form Based Zoning
Description of the
Zoning Philosophy
Goals of this Type
of Zoning
Examples of
Classifications
Zoning that places more emphasis on regulating the form and scale of buildings and their
placement along or within public spaces. It addresses the relationship between building
facades and the public realm, the form and mass of buildings in relation to each other,
and the scale and types of city blocks. It regulates the form land use might take rather
than the type of land use. Form based zoning can be included into existing codes or it can
stand alone as a new code to replace an old or outdated one. It is also sometimes
associated with Smart Growth or Smart Zoning ideas. Regulations and standards are
presented in diagrams and words and keyed to a regulatory plan that designates the
appropriate form and scale of development rather than only distinguishing land use
types.
To curb urban sprawl, promote pedestrian safety and preserve the fabric of historic
neighborhoods. Create a plan that reflects specific community intentions. To promote
livable communities and reduce dependence on transportation.
Standards to manage sidewalks and on-street parking. Building form standards,
architectural or landscaping standards, signage standards. Environmental resource
12
Zoning
Cons of this Type
of Zoning
Does this Type of
Zoning Support
Sustainability?
Zoning Code
Example
Citations &
References
standards such as stormwater runoff.
 May have the potential to achieve predictable types or patterns of development
 Use of graphics makes Form Based Codes potentially easier to understand with often
less need to argue interpretation. If properly written, form based codes may provide
a clear form and intent which may make them more efficient to implement and
administer.
 May help create aesthetics in neighborhoods and supports mixed uses and livable
communities while reducing dependence on transportation.
 May encompass ideas that traditional zoning does not including a community vision
of what the community may want.
 If well written, the details can be taken care of up front resulting in shorter
processing time.
 May require fewer elements than traditional zoning because the focus is not on
providing for every contingency rather focusing on what is most important.
 May focus on buildings rather than the environment
 Most codes are only as good as they are written. This is especially true of Form Based
Codes because if the basics are not clear then it could create to confusion and
misinterpretation.
 May requires the willingness of LUGs to think outside the box and to include the
public’s interest
 May have up-front costs in getting the needed information and preparation for
implementing the code. Can also be difficult to administer.
 May be seen as being too specific to an area especially in light of the costs of
implementation.
Yes, because it has the potential to embody the ideas of mixed use, livable communities,
increase aesthetics and reduce dependence on transportation. This in turn may be
attractive to both present and future residents and businesses. Form based codes also
can be designed to support existing communities because the focus is less on density and
use and instead placed on the form of the buildings. This may allow for the use of a
building to change over time which encourages re-use of existing buildings. Attention to
the form and design of buildings and streets and how they interact with the public realm
may promote more community interaction and a sense of pride in one’s community.
Form based codes also may promote livable or mixed use communities by incorporating
them from the start in the code.
Few cities have entirely form-based codes, but they are on the rise. Many cities utilize
this zoning type by creating a hybrid code which also includes Euclidean and other zoning
types. One of the most interesting examples is the Zoning and Design Rules for the
Minnesota State Capitol Area (St. Paul, MN)
(http://www.caapb.state.mn.us/PDF/CapitolZoningRulesfinal.pdf).
http://zoningmatters.org/facts/trends (last visited July 10, 2011); Form Based Codes
Institute Website, http://www.formbasedcodes.org (Last visited July 11, 2011); Jason T.
Burdette, Form-Based Codes: A Cure for the Cancer Called Euclidean Zoning? (Apr. 10,
2004) (Unpublished MUP thesis, Virginia Polytechnic Institute and State University)
(available at http://scholar.lib.vt.edu/theses/available/etd-05122004-113700/); Phoenix
Planning Commission Subcommittee, Form Based Zoning White Paper 1-12 (January
2006) (available at http://phoenix.gov/urbanformproject/wp10.pdf).
13
Zoning Tools That Support Smart Growth
Description of the
Zoning Philosophy
This type of zoning encompasses several different techniques. (The main ones are
included here)

Goals of this Type
of Zoning
Examples of
Classifications
Floating Zones-There is an ordinance that describes the character and requirements
for the zone’s establishment but the location is not designated until the zoning board
decides a situation exists where they zone is needed. When the criteria are met, the
floating zone ceases to float because it is adopted by a zoning amendment. Floating
zones must either be permitted in the Master Plan or at least must not conflict with
it. The criteria and standards must not be arbitrary or unreasonable.
 Cluster Zones-Permits residential uses to be clustered more closely together than
normally allowed which leaves substantial land area to be devoted to open space.
 Planned Unit Developments (PUD’s)-Also appears as part of a Form-Based Zoning
effort. A type of cluster/floating zone that allows for mixed uses in order to blend
together a traditional downtown environment at a suburban scale. Some courts
consider PUD’s to be an arbitrary and capricious abuse of the police power, however
they have been adopted in many zoning codes in Minnesota.
 Incentive Zoning- This type of zoning offers an incentive to a developer who does
something extra that is in the community's interest or promotes a public goal, but
that is normally not required. In exchange, the developer is granted something or
allowed to do something not otherwise permitted to do. Examples of these include
increased density, increased size, more open space, and more affordable housing. It
provides a reward based system to encourage development that meets established
urban development goals. (Base scale of limitations + Reward scale to entice
developers)
 Overlay Districts- Another tool used by some cities in Minnesota is the "overlay
district" which allows for an additional layer of controls to address specific or
neighborhood concerns. The overlay district tool allows for micro-management of
an area, specifying additional controls in critical areas. This tool is used to manage
parking (ex, City of St. Paul, State Fair Parking overlay district), preserve the character
of an area (ex. City of Saint Paul, Shepard Davern Commercial and Residential
Redevelopment area) or impose design and operation restrictions (ex. City of
Minneapolis Zoning Code, Article III, Linden Hills neighborhood overlay district which
prohibits four uses including drive-through facilities and video stores larger than
2,000 square feet and limits fast food restaurants) to address parking, vehicle speed,
congestion or other concerns.
To reform or replace an existing code. To accomplish conventional separation of uses
and more environmentally responsible and sustainable neighborhood development. To
concentrate growth in compact urban centers that promote walking. To reduce urban
sprawl. To provide flexibility in zoning ordinances that is not accounted for through
traditional Euclidean Zoning.
 Floating Zones-A LUG could have R-1, and R-2 zones which are traditional residential
zones and are already defined and incorporated into the zoning map. The LUG could
designate R-3 as a floating zone in the ordinance and leave the definition of the zone
and placement on the zoning map to be added later by amendment when the need
arose.
 PUD’s-A LUG could have a PUD defined in its zoning ordinance just like any other
classification.
 Incentive Zoning- 1) Density bonus on a new development in exchange for the
developer providing a certain community amenity. 2) A baseline height limit or Floor
14
Area Ratio (FAR) limit in exchange for the developer providing a public benefit of
some kind.
 Overlay Districts-See above for examples.
Pros of this Type of  Smart Zoning concepts can be added in piecemeal to a code to enhance an already
Zoning
existing code. Smart Zoning can also be used to create an entirely new code.
 Has the potential to value long-range, regional considerations of sustainability over a
short-term focus- Smart Zoning techniques have the potential to be used together to
encompass planning issues from all angles.
 Has the potential to be highly flexible because a LUG can choose which of the Smart
Zoning concepts to use to fit the needs of its jurisdiction or small areas within its
jurisdiction.
Cons of this Type
 Criticized because it may be difficult to administer due to the many possibilities and
of Zoning
components.
 May add a lot of complexity to zoning codes if too many techniques are used at once
which in turn reduces public comprehension of the code and increase the cost to
developers.
 May restrict property rights without accomplishing enough of its goals
 If not carefully crafted, these types of techniques may cause the problems they are
trying to avoid
Does this Type of
Yes because these techniques are based off a school of thought known as Smart Growth
Zoning Support
which promotes sustainability at all levels of municipal planning and development, not
Sustainability?
just zoning. (See definitions above for more explanation of Smart Growth Principles.)
The idea for Smart Growth is very similar to the goals and ideals Region Five is
attempting to create in its HUD Sustainability Project. The more comprehensive the
Smart Zoning, the more sustainability goals could be met.
Zoning Code
City of Northfield, MN (PUD, Floating)= http://www.ci.northfield.mn.us/assets/f/FINAL-Examples
OF-LDC-4-7-2011.pdf (check to see if passed); City of Mankato, MN (PUD, Floating,
Incentive)= http://www.mankato-mn.gov/CityCode/Chapter-10.aspx; City of Baxter , MN
(Special Residential District that is a Cluster Zone)http://www.sterlingcodifiers.com/codebook/index.php?book_id=529 ; City of East Gull
Lake, MN (Off Water Resort Overlay District which is a Floating Zone)
http://www.eastgulllake.govoffice.com/vertical/Sites/%7BF4DD0CCB-CB33-4568-A2AD0D17E332F9F8%7D/uploads/%7BBC162176-EBE5-4724-AD69-4C700F687140%7D.PDF
See also examples in description of Overlay Districts above
Citations &
Alejandro E. Camacho, Mustering the Missing Voices: A Collaborative Model for Fostering
References
Equality, Community Involvement and Adaptive Planning in Land Use Decisions, 24 STAN.
ENVTL. L.J. 17-19 (Installment 1, 2005); INTERNATIONAL CITY/COUNTY MANAGEMENT
ASSOCIATION, AN ICMA GREEN BOOK: LOCAL PLANNING C ONTEMPORARY PRINCIPLES AND
PRACTICE 287-291, 298-307 (Gary Hack et al. eds., 2009); Chad D. Emerson, Making Main
Street Legal Again: The SmartCode Solution to Sprawl, 71 MO. L. REV. 639-645 (2006);
Seattle Planning Commission, Incentive Zoning in Seattle: Enhancing Livability and
Housing Affordability White Paper 1-12 (Feb. 2007) (available at
http://www.seattle.gov/planningcommission/docs/SPC_IncZon.pdf); Lindsey E. Allen,
Philadelphia Neighborhood Conservation: Using Public Policy to Protect Historic and
Threatened Residential Neighborhoods (Jan. 1, 2010) (Unpublished M.A. Thesis,
University of Pennsylvania) (available at http://repository.upenn.edu/hp_theses/137);
VERMONT LAND USE EDUCATION AND TRAINING COLLABORATIVE , PLANNED UNIT DEVELOPMENT
22.1-22.4 (2007); J. Spencer Clark, Rocking the Suburbs: Incentive Zoning as a Tool to
Eliminate Sprawl, 22 BYU J. PUB. L. 258-260, 264-266 (2007); Andres Duany, Emily Talen,
Making the Good Easy: The Smart Code Alternative, 29 FORDHAM L. REV. 1451-1453, PAUL
BEYER, NEW YORK STATE OFFICE FOR THE AGING, LIVABLE NEW YORK RESOURCE MANUAL :
15
CLUSTER ZONING/CONSERVATION ORIENTED DEVELOPMENT II.2.b1-II.2.b3 (rev. ed. 2011).
16
APPENDIX B: The 11 Recommendations from the Feb. 9 to Mar. 10, 2010 LUG Interviews
The following actions were recommended to further the goals of the Gull Lake Micropolitan
Project:
1. Draft one subsurface sewage treatment system (SSTS) ordinance and one set of forms
and procedures for all jurisdictions
2. Develop stormwater standards and best management practices (BMP’s) to be applied to
new and existing development
3. Review and exchange planning terms and definitions
4. Complete an interconnected trail network around Gull Lake linked to the Paul Bunyan
Trail—identify key properties and acquire or secure rights
5. Coordinate technical service--development review teams, technical standards, joint
training
6. Create a regional future land use map to help guide a community-based conservation
planning program
7. Develop a cooperative communication strategy—web sites, web newsletters, customer
surveys
8. Merge selected administrative functions—zoning administration, septic system
inspection, municipal sewage treatment system administration, maintenance
9. Develop and sign formal memorandums of agreement on what is agreed to--notify each
other when you change things
10. Designate one organization to be in charge of holding us accountable -- schedule public
events at which LGU’s report on their mutual progress.
11. Convene 4 taskforces—stormwater, wastewater, recreation and trails, and planning and
development to develop implementation strategies and action plans (see Appendix D)
John M. Sumption, Gull Lake Micropolitan Project: Local Unit of Government Survey Report 16 (March 29, 2010),
http://www.explorebrainerdlakes.com/chambers/training/regional-planning.htm#Background (last visited Aug. 23,
2011).
APPENDIX D: Model Subsurface Sewage Treatment System Ordinance
DRAFT FOR REVIEW
ORDINANCE # 1**
SUBSURFACE SEWAGE
TREATMENT SYSTEM (SSTS)
ORDINANCE
FOR
_____________ COUNTY,
MINNESOTA
EFFECTIVE DATE:
March 15, 2010
SSTS ORDINANCE FOR ___________ COUNTY, MINNESOTA
TABLE OF CONTENTS
TITLE ............................................................................................................................................................2
100
PURPOSE, AUTHORITY, AND GENERAL PROVISIONS ...............................................................2
101 PURPOSE .................................................................................................................................................................. 2
TITLE
This ordinance shall be known as the ________________ COUNTY SUBSURFACE SEWAGE TREATMENT
SYSTEMS ORDINANCE and herein referred to as the ordinance.
100 PURPOSE, AUTHORITY, AND GENERAL PROVISIONS
101 PURPOSE
The purpose of the Subsurface Sewage Treatment System Ordinance shall be to provide minimum
standards for and regulation of Individual Sewage Treatment Systems (ISTS) and Midsized Sewage
Treatment Systems (MSTS) and septage disposal including the proper location, design and construction;
their necessary modification and reconstruction; their operation, maintenance and repair to protect
surface water and groundwater from contamination by human sewage and waterborne household and
commercial wastes; to protect the public's health and safety, and eliminate or prevent the development of
public nuisances pursuant to the authority granted under Minn. Stat. Chapters 115 and 145A, Minnesota
Rules Chapter 7080, 7081, 7082, and 7083 as amended, and the ________________ County
Comprehensive Land Use Plan that may pertain to sewage and wastewater treatment.
102 AUTHORITY
The ________________ County Subsurface Sewage Treatment Ordinance is adopted
pursuant to Minnesota Statutes, Sections 115.55, 145A.01 through 145A.08, and 375.51 or
successor statutes, and also Minnesota Rules, Chapters 7080, 7081, and 7082 or successor
rules.
103 JURISDICTION
The jurisdiction of this ordinance shall include all lands in the unincorporated areas of
________________ County, Minnesota and all incorporated areas of ________________
County that do not administer a SSTS program with an ordinance at least as restrictive as
this ordinance.
104 EFFECTIVE DATE
This ordinance shall become effective on _________________________, 2010.
105 SCOPE
2
This ordinance shall regulate the design, construction, operation, repair, and maintenance of
all ISTS and MSTS and the land application of septage.
106 OBJECTIVES
The principal objectives of this Ordinance shall include the following:
A. The protection of ________________ County’s lakes, wetlands, rivers and streams and
supplies of groundwater essential to the promotion of public health, safety and welfare; the
protection of the County’s environment and its socioeconomic growth and development of
the County in perpetuity.
B. Given the extensive resources and numerous supplies of surface water and groundwater and
their susceptibility to contamination, regulation of proper SSTS construction, reconstruction,
repair and maintenance and proper septage disposal is essential to prevent the entry and
migration of contaminants, thereby ensuring the non-degradation of surface water and
groundwater;
C. The provision of establishing minimum standards for SSTS placement, design, construction,
re-construction, repair and maintenance to prevent contamination and, if contamination is
discovered, to identify and control its consequences and abate its source and migration.
D. The provision of establishing minimum standards for septage removal, transport, treatment
and disposal;
E. The utilization of privy vaults and other non-water carried ISTS;
F. The prevention and control of water-borne disease, lake degradation, groundwater related
hazards, and public nuisance conditions through plan reviews, inspections, ISTS surveys and
complaint investigation, as well as through technical assistance and education;
G. The provision establishing enforcement of these requirements.
107 DEFINITIONS
See ________________ County Environmental Definitions Ordinance #2007-04. If not
specifically defined in the ________________ County Environmental Definitions Ordinance,
terms used in this ordinance shall have the same meaning as provided in the standards
adopted by reference.
108 FEES
The County Board shall establish fees for permits and also for activities undertaken by the
Department pursuant to this ordinance. Fees shall be due and payable at a time and in a
manner to be determined by ________________ ESD.
109 CONFLICTING REGULATIONS
Whenever any provision of this ordinance is found to be in direct conflict with the provisions of
another County Ordinance, the ordinance containing the most restrictive requirements shall
govern.
110 ABROGATION AND GREATER RESTRICTIONS
It is not intended by this ordinance to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance imposes greater restrictions,
3
the provisions of this ordinance shall prevail. All other ordinances inconsistent with this
ordinance are hereby repealed to the extent of the inconsistency only.
111 INTERPRETATION
In their interpretation and application, the provisions of this ordinance shall be held to be
minimum requirements and shall be liberally construed in favor of the County and shall not be
deemed a limitation or repeal of any other powers granted by Minnesota Statutes.
112 SEVERABILITY
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or
invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain
in full force.
113 REPEALOR
The adoption of this ordinance repeals ________________ County Individual Sewage Treatment Systems
Ordinance effective ____________________________.
200 ADMINISTRATION
201 COUNTY ADMINISTRATION
A. The ________________ County Environmental Services Department shall administer the
SSTS program and all provisions of this ordinance.
B. County Duties and Responsibilities shall include but not be limited to the following;
1. Review all applications for ISTS and MSTS
2. Review all proposals for sites to land apply septage
3. Issue all permits required by this ordinance
4. Inspect all work regulated in this ordinance
5. Investigate all complaints regarding ISTS, MSTS, and septage disposal
6. Issue certificates of compliance or notices of noncompliance where
applicable
7. Enact enforcement provisions of this ordinance as necessary
8. Refer unresolved violations of this ordinance to the County Attorney
9. Maintain current records for each permitted ISTS and MSTS including all
site evaluation documents, design documents, inspection documents, and
other applicable documents and also all approved septage sites.
10. Submit annual reports to MPCA as required.
202 STATE ADMINISTRATION
When a single SSTS or group of SSTS under single ownership within one-half mile of each
other, have a design flow greater than 10,000 gallons per day or has a measured daily flow for a
consecutive seven day period which equals or exceeds 10,000 gallons per day, the owner shall make
application for and obtain a State Disposal System permit from the MPCA.
203 CITIES AND TOWNSHIPS ADMINISTRATION
Any jurisdiction within the County that regulates SSTS must comply with the minimum
standards and requirements of this ordinance.
4
204 SSTS STAKEHOLDERS GROUP
Any proposed amendment to this ordinance shall first be considered by the SSTS stakeholders
group. The membership of this group is open to any interested person who requests to be a part
of this group. ________________ County ESD shall maintain an interested persons list which
includes all of the following groups of people who ask to be on the list; licensed SSTS
professionals, city officials, township officials, state officials, and property owners in
________________ County. The SSTS stakeholders group is designed to be an informal
committee of interested persons who will give input on issues at the county’s request.
205 CONFLICT RESOLUTION
A. All professional conflicts between licensed professionals must be first brought to the
Department. The Department will determine which professional judgment is correct. If a
soils conflict exists and the professional does not agree with the Department’s
determination, they may at their own expense, contract a board licensed professional soil
scientist to determine who is correct.
B. The department may refer any conflict to the SSTS Stakeholders Group for an opinion but
the Department will make the final determination.
C. Any conflict between a licensed professional and the Department shall be referred to the
Stakeholders Group for an opinion. If the conflict is not resolved after receiving input from
the SSTS Stakeholders Group, the professional may appeal the Department’s decision
according to the appeals process established in the Land Use Ordinance.
300 PERMITTING
A. It shall be unlawful for any person to construct, install, modify, repair, replace, or
operate a SSTS without the applicable permit from ________________ County ESD.
The issuing of any permit or variance under the provisions of this ordinance shall not
absolve the applicant or property owner of responsibility to obtain any other required
permit.
B. All permit applications for SSTS must include a site evaluation, design, and
management plan prepared by a state licensed designer or a signed winter agreement,
the applicable fee, and any other applicable forms or information. Any application that
does not include all of the required items will be considered incomplete and returned to
the applicant.
C. No permits will be issued to property owners or on property where there are unresolved
violations unless that permit is part of an approved plan to resolve the violation.
D. All SSTS permits issued prior to the effective date of this ordinance shall be effective
for one year.
E. All SSTS permits approved after the effective date of this ordinance shall be valid for a
period of two years from the date of issuance.
F. The construction card shall be posted on the property in such a location and manner so
that the construction card is visible and available for inspection until construction is
completed and inspected.
301
ACTIVITIES NOT REQUIRING A PERMIT
Permits shall not be required for the repair or replacement of pumps, floats, electrical
devices germane to the pump, replacement baffles, and general repair to inspection
pipes and manholes.
302
APPEALS
5
The applicant or property owner can appeal the denial of a SSTS permit or an
administrative decision in accordance with the procedures established in the
________________ County Land Use Ordinance for appeals of administrative
decisions after all other conflict resolution procedures have been exhausted.
303
OPERATING PERMITS
A. An operating permit shall be required for any of the following;
i. Non-residential systems with a design flow of more than 500 gallons per day
ii. systems with high strength waste
iii. systems serving three or more connections
iv. holding tanks
v. all type III, IV and V systems
vi. any system designed under chapter 7081
vii. any system deemed by the department to require operational oversight
B. Operating permits shall be a signed agreement between the Department and the
property owner and shall include monitoring, performance, mitigation, and reporting
requirements.
400 INSPECTION REQUIREMENTS
401
GENERAL REQUIREMENTS
A. Upon request of the Department, the applicant or owner shall allow access to enter
a property at any reasonable time to inspect and/or monitor the SSTS system.
B. No person shall hinder or otherwise interfere with the Department’s employees, or
its agents, in the performance of their duties and responsibilities pursuant to this
Ordinance. Refusal to allow reasonable access to the property by the Department
shall be deemed a separate and distinct offense.
402 COMPLIANCE INSPECTIONS
A. All compliance inspections must be conducted by a licensed inspector independent
of the installer and the owner.
B. A valid operating permit for a SSTS may be accepted in lieu of requiring a
compliance inspection for property transfers and for permit applications to the
Department.
C. A signed winter agreement may be accepted in lieu of a compliance inspection for
property transfers and for permit applications to the Department between November 15
and April 15. Failure to fulfill all of the obligations of the winter agreement shall be a
violation of this ordinance.
402
INSPECTION REQUIREMENTS FOR NEW OR REPLACEMENT SSTS
A. The applicant or owner shall request an inspection for all new or replacement SSTS
at least 24 hours in advance of completing and covering up the SSTS.
B. The construction of the SSTS shall be in accordance with the approved permit. Any
significant alteration from the approved permit is required to be documented by a
licensed designer and approved by ________________ ESD prior to installation.
C. If the applicant or owner provides proper notice and the Department does not
appear for an inspection within one hour after the designated time, the installation
may be completed. The applicant or owner shall then file a signed as-built, including
photographs of the system prior to covering, with the Department within 5 working
6
days. The as-built shall include a certified statement from the installer that the work
was installed in accordance with the approved permit.
D. A certificate of compliance will be issued by ________________ ESD after the
Department receives reasonable assurance that the system was built in accordance
with the applicable requirements as specified in the construction permit.
E. A certificate of compliance issued for a new or replacement system shall be valid for
a period of 5 years unless there is evidence of noncompliance.
403
INSPECTION REQUIREMENTS FOR EXISTING SSTS
A. Compliance inspections are required for any of the following;
a. At any time of replacement, alteration, or repair work which requires a permit,
b. At transfer of property in accordance with this ordinance,
c. At time of any permit applications with ________________ County ESD,
d. At any time the department receives a complaint or other information
regarding the failure of an SSTS,
B. Within 30 days of completing a compliance inspection, the inspector shall submit a
copy of the compliance inspection to the property owner and ________________
ESD.
C. A certificate of compliance for existing systems shall be valid for a period of 3 years
unless there is evidence of noncompliance.
D. If a notice of noncompliance is issued for failure to be protective of groundwater, the
system must be brought into compliance or it’s use discontinued within 12 months of
the issuance of the notice of noncompliance.
E. If the system is deemed to be an imminent threat to public health, the use of the
system must discontinue immediately and a temporary plan to eliminate the threat to
public health must be submitted to ________________ ESD within 48 hours of
declaration of an imminent threat to public health. A plan to bring the SSTS into
compliance must be submitted to the Department within 30 days of inspection or
declaration of imminent threat to public health. The SSTS must be brought into
compliance within 10 months of inspection or declaration of imminent threat to
public health.
404 TRANSFER OF PROPERTY
A. A. Any individual sewage treatment system located on real property lying within
________________ County shall be brought into compliance with the requirements of the current
individual sewage treatment systems(ISTS) standard promulgated by the Minnesota Pollution
Control Agency (MPCA) in Minn. Rules, Chapter 7080, hereinafter known as “Chapter 7080”, or the
________________ County Individual Sewage Treatment System Ordinance, hereinafter known as
“the Ordinance”, whichever is most restrictive, upon conveyance of said real property.
B. Prior to the conveyance of any real property, the seller shall disclose in writing to the buyer
information about the status and location of all known ISTS on the property by delivering to the buyer
either a sworn affidavit by the seller that no ISTS exists on the property to the best of their knowledge
after diligent investigation, or a certificate of compliance or notice of non-compliance meeting all
provisions of Chapter 7080 being the result of a compliance inspection conducted by a Minnesota
state registered inspector holding a Designer I or Inspector certification. A certificate of compliance
(certificate of compliance) or notice of noncompliance (notice of noncompliance) meeting all
provisions of Chapter 7080 shall be submitted to the ________________ County Environmental
Services Department and the seller within 30 days after the compliance inspection.
7
C. If the seller fails to provide a Certificate of Compliance, the seller shall provide the buyer sufficient
security in the form of an escrow agreement to assure the installation of a complying ISTS. The
security shall be placed in an escrow with the Department. The amount escrowed shall be equal to
125% of a written estimate to install a complying ISTS provided by a licensed and certified installer.
The buyer may, by mutual written agreement with the seller, assume the responsibility to fund the
escrow. The seller or buyer may, by written agreement, assign a third party to receive the
disbursement from the escrow account. After a complying ISTS has been installed and a certificate
of compliance issued, the ________________ County Environmental Services Department shall
cause the escrow to be released to the maker of the escrow or their assigns.
D. At the time of recording the conveyance of any real property within the unincorporated areas of
________________ County, the seller shall provide to the Department or the County Recorder one of
the following: (1) a sworn affidavit by the seller certifying that no individual sewage treatment system
exists on said property to the best of their knowledge after diligent investigation (affidavit), or (2) a
Certificate of Compliance on forms approved by the Environmental Services Department (certificate),
or (3) a packet consisting of the following documents to be referred to as an escrow packet: a) an
escrow agreement as provided by subdivision “C” of this section, b) an attached written estimate to
install a complying ISTS provided by a licensed and certified installer ; and, c) an attached ISTS
permit for the installation of the ISTS (packet), or (4) an ISTS permit application and ISTS
Compliance Inspection Agreement for conveyances which take place between November 15th and
April 15th when compliance cannot be determined (winter agreement). Failure to comply with a
requirement of this subdivision does not impair the validity of the deed. Failure to present to the
Department or County Recorder an affidavit, certificate of compliance, escrow packet, or a winter
agreement as outlined in this subdivision shall constitute a misdemeanor and shall be punishable as
defined by Minnesota State Statutes.
E. Liability for Failure to Disclose: Unless the buyer and seller agree to the contrary in writing before the
closing of the sale, a seller who fails to disclose the existence of an individual sewage treatment
system at the time of sale and knew or had reason to know of the existence of an individual sewage
treatment system is liable to the buyer for costs relating to bringing the individual sewage treatment
system into compliance with the ________________ County Individual Sewage Treatment System
Ordinance, and reasonable attorney’s fees for collection of costs from the seller, if the action is
commenced within two (2) years after the date the buyer closed the purchase of the real property
where the individual sewage treatment system is located. Said civil liability shall in no way impair a
criminal prosecution for the same violation.
G. In accordance with section D, (4) above, all property conveyances subject to this ordinance
occurring during the period between November 15th and April 15th when ISTS compliance
cannot be determined due to frozen soil conditions shall require a winter agreement, which
includes an application for an ISTS permit and an ISTS Compliance Inspection Agreement. The
compliance inspection shall be completed by following June 1st by a state-licensed compliance
inspector. If upon inspection the ISTS is found to be in compliance, the permit fee will be
refunded. If upon inspection the system is found to be failed, an escrow agreement shall be
established in accordance with section C, above, and the system shall be upgraded.
500 LICENSED PROFESSIONALS
501
LICENSE REQUIRED
A. No person shall engage in the evaluation, inspection, design, installation,
construction, alteration, extension, repair, maintenance, or pumping of a SSTS
without first obtaining a license to perform such tasks from the MPCA except as
exempted in 7083.0700 with the following exception;
8
a. No person or business may install a SSTS without first obtaining a license
from the MPCA.
600 GENERAL REQUIREMENTS
601 ALL SSTS
A. Any structure where sewage is generated and is served by a pressurized water
supply system must be served by a compliant SSTS or a MPCA permitted facility.
B. All permitted residential structures must be served by a compliant SSTS or a MPCA
permitted facility.
C. Sewage exiting a structure via plumbing must be treated by a compliant SSTS or a
MPCA permitted facility.
D. All sewage generated in the County shall be treated and dispersed by a SSTS that
complies with the provisions of this ordinance or by a system that has been
permitted by the MPCA
602 EXISTING SSTS WITHOUT PERMITS
B. Existing SSTS with no permits of record shall require a permit and be brought into
compliance with the requirements of this ordinance regardless of the date they were
originally constructed.
600 SSTS CAPACITY EXPANSIONS
C. Expansion of an existing SSTS must include any system upgrades that are
necessary to bring the entire system into compliance with the provisions of this
ordinance at the time of expansion.
600 BEDROOM ADDITIONS
A. Any land use permit application for a proposed bedroom addition to a structure
served by an SSTS must be accompanied by evidence that the SSTS is adequately
sized to accommodate the bedroom addition, a plan to increase the capacity of the
SSTS as required in 7080, or an application for an operating permit with plans
showing how the system will be operated as a Type III system.
B. The upgrades to the SSTS must be completed within 2 years of approval of the
bedroom addition or the actual addition, whichever is first.
601 SYSTEM ABANDONMENT
A. Any SSTS, or and component thereof, which is no longer intended to be used,
must be abandoned in accordance with MN Rules, Chapter 7080.2500
602 CLASS V INJECTION WELLS
A. All owners of new or replacement SSTS that are considered to be Class V injection
wells, as defined in the Code of Federal Regulations, title 40, part 144, are required
by the Federal Government to submit SSTS inventory information to the
Environmental Protection Agency as described in CFR40 part 144. Further, owners
are required to identify all Class V injection wells in property transfer disclosures.
603 SURFACE DISCHARGE PROHIBITED
9
A. It is unlawful for any person to construct, maintain, or use any SSTS that results in
raw or partially treated sewage seeping to the ground surface or flowing into any
surface water. Any surface water discharging system must be permitted by the
MPCA.
700
SSTS TECHNICAL STANDARDS
A. ________________ County hereby adopts by reference Minnesota Rules, Chapters 7080
and 7081 in their entirety as now constituted and from time to time amended, with the
exception of those standards as identified in section 701 of this ordinance. This adoption
does not supersede the County’s right or ability to adopt local standards that are in
compliance with Minnesota Statute 155.55.
B. Add in a reference to 503 regs?
701
AMENDMENTS TO ADOPTED STANDARDS
A. All new residential structures shall be considered Class I structures.
B. Only allow Class I or II sizing for replacement SSTS.
C. The minimum size septic tank for structures with 5 bedrooms or less is 1500
gallons.
D. Minimum size septic tank for additions of garbage disposals and sewage pumping
shall be based on the minimum size septic tanks as required in 7080.1930.
E.
702
DETERMINATION OF HYDRAULIC LOADING RATES AND SSTS SIZING
A. The hydraulic loading rate for new SSTS permit applications submitted to
________________ ESD after the effective date of this ordinance shall be
established by using either table IX or table IXa of MN Rules Chapter 7080.2150.
703
COMPLIANCE CRITERIA FOR EXISTING SSTS
A. The required vertical separation distance as identified in Minnesota Rules Chapter
7080.1500 subpart 4, D, may be reduced by up to 15% for determination of
compliance due to vertical separation.
B.
HOLDING TANKS
A. Holding tanks shall be allowed.
B. All holding tanks, regardless of date of installation, must be issued an operating
permit and comply with the conditions required. Failure to comply with the provisions
established in the operating permit shall constitute a violation of this Ordinance.
C. The minimum tank size for a holding tank for a residential structure shall be 1,000
gallons.
D. A method of metering the water used in the structure must be installed.
704
705
PRIVIES
A. All applications to construct a privy must be accompanied by a design for that privy
conducted by a licensed designer and shall include the following;
i. A minimum of one soil boring if the privy is not vaulted.
ii. The pit or vault shall have a minimum of 200 gallons of storage capacity or 25
cubic feet.
iii. The placement or construction of privies must be inspected according to the
provisions in this ordinance for new systems.
10
706
VARIANCES
A. Variance requests for reduced setbacks from a SSTS to property lines without the
neighbor’s consent and also for reduced setback to protected waters that results in a
SSTS being located within 75 feet of a protected water shall be heard by the
________________ County PAC/BOA.
B. All other SSTS related variance requests may be decided by ________________
ESD as an administrative decision or referred to the ________________ County
PAC/BOA.
800 SEPTAGE MANAGEMENT
All septage disposal sites shall be preapproved by the Department.
801 Separation Requirements For Land Application Of Septage Domestic septage
disposal and treatment standards shall comply with U.S. Environmental Protection Agency
rules as found in 40 CFR Part 503 entitled "Standards for the Use or Disposal of Sewage
Sludge," and Minnesota Pollution Control Agency guidelines as stated in " Land Application
of Septage. "
A. The land spreading site shall be located such that the following minimum separation
distances are maintained:
1.
2.
4.
5.
Private water wells
Municipal well
Occupied residential structure
Residential Districts,
Commercial Developments,Recreational areas
6. Property lines
7. Public Road Right-of-Ways
8. OHW of Protected Waters
200 feet
1000 feet
600 feet*
600 feet
50 feet
50 feet
200 feet
B. Separation distances from protected waters, wetlands, intermittent streams, and
agricultural drainage ditches shall be observed as follows:
SITE SLOPE
0-2%
2-6%
6-12%
SEPARATION DISTANCES FROM PROTECTED WATERS
May-Oct
Nov-April
200 ft.
600 ft.
400 ft.*
not allowed
600 ft.**
not allowed
All of the above setbacks must be doubled if the site drains to the protected water.
SITE SLOPE
0-2%
2-6%
6-12%
SEPARATION DISTANCES FROM ALL OTHER UNCLASSIFIED WATERS
May-Oct
Nov-April
200 ft.*
600 ft.
400 ft.*
not allowed
300 ft.**
not allowed
*--Separation distances may be reduced by 50% if septage is injected.
**-- Land Spreading not allowed without injection.
11
Surface application of septage on frozen soil is prohibited unless slopes are 2% or less.
802 Land Suitability For Land Application Of Septage
A. Soil Suitability To be suitable for land spreading, the soil must meet the following
criteria:
1. Have medium or fine surface textures (no sandy or peaty surface textures).
2. Have a 3 foot vertical separation distance as outlines in chapter 7080.0110.
3. Have 6 inches of available water holding capacity between the application depth and
redoxomorphic features.
4. Have at least one horizon in the upper 5 feet that has a permeability of less than 6
inches per hour.
5. Have surface permeabilities slower than 20 inches/hour or faster than 0.2 inch/hour.
6. Have a slope of 12% or less.
B. Physical Criteria
1. Septage must not be spread where a monitor well or designated monitor well exceeds
10 ppm nitrate count.
2. Septage shall be land spread on cropland in such quantity so as not to exceed the
agronomic rates as approved by the Agency and
Department.
3. Septage shall be spread evenly across an approved land spreading site and not
concentrated.
4. Septage land spreading sites must not be used for growth of crops,which will be
consumed directly by humans for three years after the last septage application. The
grazing or harvesting of foraged materials on septage land spreading sites must not
occur for at least three weeks after the last spreading date.
5. Septage shall be incorporated as necessary to prevent nuisance conditions and
excessive accumulation of septage solids on the soil surfaces.
6. In order to comply with the requirements for pathogen reduction and vector attraction
reduction, the pH of septage to be land applied shall be raised and held at 12 or more for
a minimum of 30 minutes. All other methods of pathogen reduction and vector attraction
reduction methods must be approved in writing by the Department prior to land
application.
C. Daily Liquid Loading Limits
Soil Texture
Coarse
Medium
Fine
Gallons/Acres/Day
25,000
15,000
10,000
D. Annual Nitrogen Application for Non-Cropped and Non-Harvested Land
Soil texture
Nitrogen
1. High Density
Ibs. per acre
Gal/acre/Year
Surface applied
Vegetative cover -50% cover
12
Coarse
Medium
Fine
75
100
125
34,000
49,000
65,000
2. Low Density Vegetative Cover- 25-50% Cover
Coarse
Medium
Fine
50
75
100
25,000
34,000
49,000
3. Fallow Land - 25 % Cover
Coarse
Medium
Fine
0
50
75
0
25,000
34,000
803 Additional General Requirements
A. Pumpers shall obtain approval from the owner of the land area used for septage
disposable.
B. Disposal of septage must meet all applicable federal, state, county or local zoning
regulations.
C. Disposal of septage within incorporated cities requires prior written approval from the
city.
C. Alternative Disposal- Any alternative disposal of septage must meet the applicable
standards of the Department and the Agency. Any alternative disposal requires written
approval form the Department prior
to the disposal.
900 ENFORCEMENT
A. Any person, firm, agent, or corporation who violates any provisions of this ordinance,
or who fails, neglects, or refuses to comply with the provisions of this ordinance,
including violations of conditions and safeguards, or who knowingly makes any
material false statement or knowing omission in any document required to be
submitted under the provisions hereof, shall be guilty of a misdemeanor and upon
conviction thereof, shall be punishable as defined by Minnesota State Statutes. Each
day that a violation exists shall constitute a separate offense.
B. ________________ ESD and the ________________ County Sheriff shall have the
power to enforce this ordinance by issuing citations for criminal violations of this
ordinance upon the owner of a property and/or their agent.
C. ________________ County, through ________________ ESD may sue for injunctive
relief on any violation, including restoration of the premises to its condition existing
prior to the violation.
901
DUTY TO ENFORCE
It shall be the duty of the County Attorney and County Sheriff to perform such duties as
may be necessary to enforce the provisions of this ordinance.
13
902
PROSECUTION
A. ________________ ESD may enforce the provisions of this ordinance whether
through criminal prosecution, civil remedy, or both.
B. Utilization of a civil remedy shall not prevent a criminal prosecution for the same
violation.
C. A criminal prosecution shall not be a bar to a civil remedy.
903
CEASE AND DESIST
A. Cease and desist orders may be issued when ________________ ESD has
probable cause that an activity regulated under this or any other County ordinance is
being or has been conducted without a permit, in violation of a permit, or in violation
of standards enacted in County ordinances where permits are not required. When
work has been stopped by a cease and desist order, it shall not again be resumed
until the reason for the work stoppage has been completely satisfied, any
administrative fees paid, and the cease and desist order lifted.
904
ADMINISTRATIVE FEES AND RESTORATION
A. Any application for a permit that is made after the work has commenced and which
requires a permit or is done in violation of a permit shall be charged an additional
administrative fee. In addition, ________________ ESD may require correction
and/or restoration of the property to its original state should the application for a
permit be denied or of the action permitted does not include all or part of the work
commenced prior to approval of said permit.
905
FINANCIAL ASSURANCE
A. ________________ ESD may require a surety bind, cash escrow, or letter of credit
prior to the issuing of any permit or initiation of work on the proposed improvements
or development. Said security shall be irrevocable, conditioned in favor of
________________ County, and shall guarantee conformance and compliance with
the conditions of the permit or variance and the Ordinance of the County. The
amount of the bond may be set up to 150% of the estimated cost of soil stabilization,
water quality protection, and pollution control measures.
906
STATE NOTIFICATION OF VIOLATIONS
A. Any inspection, design, construction, alteration, or repair of a SSTS or any pumping
and disposal of septage done in violation of the provisions of this Ordinance shall be
cause for notification to the MPCA.
1000 ADOPTION
THE ________________ COUNTY SUBSURFACE SEWAGE
TREATMENT SYSTEM ORDINANCE IS HEREBY ADOPTED BY THE
________________ COUNTY BOARD OF COMMISSIONERS ON THIS
14
Day of
, 2010.
.
Chairman, ________________ County Board of Commissioners
ATTEST:
.
EFFECTIVE DATE:
, 2010.
15
APPENDIX C: Common Definitions List
Gull Lake Micropolitan Project
COMMON DEFINITIONS LIST
Abandoned Building: A building as defined hereafter on public or private property which no longer
serves a practical use and is considered a safety hazard in the opinion of the Zoning Administrator
due to its location or structural condition.
Access lot: A parcel of land that provides access to public waters, including controlled access lots
and alternative access lots.
Access Path: an area designated to provide ingress and egress to public waters.
Accessory Structure: means any building, structure, or improvement subordinate to and on the
same lot as the principal structure or use, including sheds, storage shelters, gazebos, hot tubs,
swimming pools, pole buildings, detached garages, decks, patios, and similar structures.
Accessory Use: A use naturally and normally incident and subordinate to the main use of the
premises. An accessory use cannot, by definition, exist without the establishment of a primary use.
Addition: A physical enlargement of an existing structure, or an increase in living space.
Agent: Any person acting on behalf of a landowner in dealing with activities under the jurisdiction
of the Ordinance, including but not limited to realtors, contractors or attorneys.
Agricultural Use: has the meaning as defined in Minnesota Statutes, chapter 40A.
Airport: Any premises used or intended for use for the landing and taking off of aircraft including
any structures used or intended for use for aircraft services.
Alternative Access Lot: an access lot that provides access to public waters for owners of riparian
lots within subdivisions.
Animal, Domestic: Any animals commonly kept as household pets such as dog or cats.
Animal, Farm: Cattle, hogs, horses, sheep, goats, chickens and other animals commonly kept for
food production or other purposes.
Animal, Wild or Exotic: Any animal not normally considered domesticated which, because of its
size, vicious nature or other natural characteristics would constitute a dangerous threat to human
life, property or domestic animals including but not limited to venomous reptiles; bird species illegal
to own under federal or state law; and mammals including but not limited to lions, tigers, jaguars,
leopards, cougars, and bears.
Animal Unit: A unit of measure to compare differences in the production of animal wastes which
has as a standard the amount of waste produced on a regular basis by a slaughter steer or heifer.
Animal units are calculated by dividing the average animal weight for a species by one thousand
(1,000) pounds. For purposes of these regulations, the following equivalents apply:
Animal Unit (A.U)
1 mature dairy cow 1.4
1 slaughter steer or heifer 1.0
1 horse 1.0
1 swine over 55# 0.4
1 sheep 0.1
1 swine under 55# 0.05
1 turkey 0.018
1 chicken 0.01
Apartment: A room or suite of rooms that is designed for, intended for, or occupied as a residence
by a family or individual, and is equipped with sanitary facilities.
Auto or Motor Vehicle Reduction Yard: A lot or yard where one (1) or more unlicensed motor
vehicles, or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, sale of
parts, sale as scrap, storage, or abandonment. (See also Salvage yard).
Basement: The space below the first story of a structure which is greater than four (4) feet in
height.
Bed and Breakfast Residence: has the meaning given under chapter 2400. ["Bed and breakfast
residence" means a dwelling in which four or fewer guest rooms are rented within the principal
structure on a nightly basis for less than one week and where at least one meal per day is provided
in connection with the sleeping accommodations. The operator of the residence lives on the
premises or in an adjacent premise]
Bedroom: A room or unfinished area within a dwelling that might reasonably be used as a sleeping
room as determined by the local unit of government.
Best Management Practices: Erosion and sediment control and water quality management
practices that are the most effective and practical means of controlling, preventing, and minimizing
degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the
length of time soil areas are exposed, prohibitions, and other management practices that are
adopted by Cass County.
Bluff: means a sloped topographic feature having all of the following characteristics:
A. part or all of the feature is located in a shoreland area;
B. the slope rises at least 25 feet above the ordinary high water level of the waterbody or toe of the
bluff. For purposes of this subpart, "toe of the bluff" means the lower point of a horizontal ten-foot
segments with an average slope exceeding 18 percent; and
C. the grade of the slope from the toe of the bluff to the top of bluff averages 30 percent or greater.
For purposes of this subpart, "top of the bluff" means the higher point of a horizontal 10-foot
segment with an average slope exceeding 18 percent.
Bluff, Toe: For the purpose of measuring setbacks, the point at the bottom of a bluff that is the
lower end of a 10 foot segment, measured on the ground, which has an average slope of 18 percent,
or is the OHW, whichever is higher.
Bluff, Top: For the purpose of measuring setbacks, the point at the upper end of a bluff that is the
upper end of a 10 foot segment, measured on the ground, which has an average slope of 18 percent.
Bluff Impact Zone: means a bluff and land located within 20 feet of a bluff.
Boathouse: has the meaning given under Minnesota Statutes, section 103G.245. [ "boathouse"
means a structure or watercraft that is moored by spuds, cables, ropes, anchors, or chains that
may be intended for habitation and has walls, a roof, and either an open well for boats or a floor
from wall to wall and does not include watercraft that are designed and operated as motorboats;]
Boat Launch: is a ramp, road, or other conveyance which allows the launching and removal of a
boat with a vehicle and trailer.
Boat Storage Structure: has the meaning given under Minnesota Statutes, section 103G.245.
["boat storage structure" means a structure that is used for storing boats or float planes]
Buffer: means land that is used to protect adjacent lands and waters from development and more
intensive land uses. The land is kept in a natural state of trees, shrubs, and low ground cover and
understory of plants and functions to filter runoff, control sediment and nutrient movement, and
protect fish and wildlife habitat. In areas of agricultural use, the land may be used for less intensive
agricultural purposes provided its function as a buffer remains intact.
Buildable Area: means the area upon which structures may be placed on a lot or parcel of land.
Buildable area excludes areas to meet setback requirements, bluffs, areas with slopes greater than
25 percent, rights-of-way, historic sites, wetlands, designated floodways, land below the ordinary
high water level of public waters, and other unbuildable areas. In wild, scenic, or recreational
shorelands, buildable area also excludes areas with slopes greater than 18 percent.
Building: means any structure with a roof and walls used or intended for supporting or sheltering
any use or occupancy.
Building Line:A line parallel to a lot line or the Ordinary High Water Level at the required setback
beyond which a structure may not extend.
Campground: means a development that is used for the purpose of providing sites for
nonpermanent overnight use by campers using tents, trailers, recreation camping vehicles, or other
temporary shelters.
Certificate of Compliance: has the meaning given under chapter 7080 for subsurface sewage
treatment systems. ["Certificate of compliance" means a document, written after a compliance
inspection, certifying that a system is in compliance with applicable requirements at the time of the
inspection.]
Clear-Cutting: means a forest management method for regeneration or harvest that removes
essentially all trees in one operation.
Clustering or Clustered: means a development pattern and technique whereby structures or
building sites are arranged in close proximity to one another in groups.
Commercial Use: means the principal use of land or buildings for the sale, lease, rental, or trade of
products, goods, and services.
Commissioner: means the commissioner of natural resources.
Common Interest Community: has the meaning given under Minnesota Statutes, chapter 515B.
["Common interest community" or "CIC" means contiguous or noncontiguous real estate within
Minnesota that is subject to an instrument which obligates persons owning a separately described
parcel of the real estate, or occupying a part of the real estate pursuant to a proprietary lease, by
reason of their ownership or occupancy, to pay for (i) real estate taxes levied against; (ii) insurance
premiums payable with respect to; (iii) maintenance of; or (iv) construction, maintenance, repair or
replacement of improvements located on, one or more parcels or parts of the real estate other than
the parcel or part that the person owns or occupies. Real estate which satisfies the definition of a
common interest community is a common interest community whether or not it is subject to this
chapter. Real estate subject to a master association, regardless of when the master association was
formed, shall not collectively constitute a separate common interest community unless so stated in
the master declaration recorded against the real estate pursuant to section 515B.2-121, subsection
(f)(1).]
Common Open Space: means a portion of a development that: A. is permanently set aside to
preserve elements of the natural landscape for public or private use; B. will not be developed or
subdivide; and C. is generally owned in common by the individual owners in the development or by
a permanently established management entity.
Comprehensive Plan: Also referred to as Community Plan. A compilation of policy statements,
goals, standards and maps for guiding the physical, social and economic development, both private
ad public, of the City and its environs and may include, but is not limited to, the following items:
statements of policies, goals, standards, a land use plan, a community facilities plan, a
transportation plan and recommendations for plan execution.
Conditional Use: has the meaning given under Minnesota Statutes, chapters 394 and 462.
["Conditional use" means a land use or development as defined by ordinance that would not be
appropriate generally but may be allowed with appropriate restrictions as provided by official
controls upon a finding that (1) certain conditions as detailed in the zoning ordinance exist, and (2)
the use or development conforms to the comprehensive land use plan of the county and (3) is
compatible with the existing neighborhood.]
Condominium: has the meaning given under Minnesota Statutes, chapter 515B. ["Condominium"
means a common interest community in which (i) portions of the real estate are designated as
units, (ii) the remainder of the real estate is designated for common ownership solely by the owners
of the units, and (iii) undivided interests in the common elements are vested in the unit owner]
Conservation Easement: has the meaning given under Minnesota Statutes, chapter 84C.
["Conservation easement" means a nonpossessory interest of a holder in real property imposing
limitations or affirmative obligations the purposes of which include retaining or protecting natural,
scenic, or open-space values of real property, assuring its availability for agricultural, forest,
recreational, or open-space use, protecting natural resources, maintaining or enhancing air or
water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real
property]
Controlled Access Lot: is an access lot that provides access to public waters for owners of
nonriparian lots within a conventional subdivision.
Conventional Subdivision: means a pattern of subdivision development that is characterized by
lots that are spread regularly throughout a parcel in a lot and block design.
Cooperative: has the meaning given under Minnesota Statutes, chapter 515B. [ "Cooperative"
means a common interest community in which the real estate is owned by an association, each of
whose members is entitled by virtue of the member's ownership interest in the association to a
proprietary lease.]
Crawl Space: has the meaning given under Minnesota Rules, Chapter 1309. [CRAWL SPACE. Areas
or rooms with less than 7 feet (2134 mm) ceiling height measured to the finished floor or grade
below.]
Deck: means a horizontal, unenclosed above ground level structure with or without attached
railings, seats, trellises, or other features, attached or functionally related to a principal use or site.
Dock: means a narrow structure extending waterward from the shoreline intended for ingress and
egress for moored watercraft or seaplanes or to provide access to deeper water for swimming,
fishing, or other water-oriented recreational activities.
Duplex: A dwelling structure on a single lot, having two units being attached by common walls and
each unit equipped with separate sleeping, cooking, eating, living and sanitation facilities.
Dwelling site: means a designated location for living accommodations by one or more persons
using temporary or movable shelter, including camping and recreational vehicle sites.
Dwelling Unit: means any structure or portion of a structure, or other shelter designed as short- or
long-term living quarters for one or more persons, including rental or timeshare accommodations
such as motel, hotel, and resort rooms and cabins.
Easement: An acquired legal right for the specific use of land owned by others.
Essential Services: means underground or overhead gas, electrical, steam, or water distribution
systems and collection, communication, supply, or sewer systems, including poles, wires, mains,
drains, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, or other similar
equipment and accessories in conjunction therewith. Essential services does not including
buildings, wastewater treatment works as defined in Minnesota Statutes, section 115.01, or
electrical generation and transmission services.
Extractive Use: means the use of land for surface or subsurface removal of sand, gravel, rock,
industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes,
sections 93.44 to 93.51.
Feedlot: A lot or building or combination of lots and buildings intended for the confined feeding,
breeding, raising, or holding of animals and specifically designed as a confinement area in which
manure may accumulate, or where the concentration of animals is such that a vegetative cover
cannot be maintained within the enclosure. Pastures shall not be considered animal feedlots under
these parts.
Filling: An act of depositing any earthen material.
Flood: means a temporary rise in stream flow or stage which results in inundation of the areas
adjacent to the channel.
Flood Frequency: means the average frequency, statistically determined, for which it is expected
that a specific flood stage or discharge may be equalled or exceeded. By strict definition, such
estimates are designated "exceedence frequency," but in practice the term "frequency" is used. The
frequency of a particular stage or discharge is usually expressed as having a probability of
occurring once within a specified number of years. See also recurrence interval in subpart 20.
Flood Fringe: means that portion of the floodplain outside of the floodway.
Floodplain: means the areas adjoining a watercourse which has been or hereafter may be covered
by the regional flood.
Floodproofing: means a combination of structural provisions, changes or adjustments to properties
and structures subject to flooding primarily for the reduction or elimination of flood damages to
properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard
area.
Floodway: means the channel of the watercourse and those portions of the adjoining floodplains
which are reasonably required to carry and discharge the regional flood.
Forest Management or Silviculture: means the art and science of controlling the establishment,
growth, composition, health, and quality of forests and woodlands to meet the multitude of
purposes and values of landowners and society on a sustainable basis.
Fractional Ownership Property: means the division of any real property into portions or shares.
Shared or joint ownership of the property and its deed entitle shareholders to certain usage rights.
Real estate that is subject to an instrument which obligates several persons owning the same
described parcel of the real estate and occupying a part of the real estate pursuant to a proprietary
lease or covenant for use, by reason of their ownership or occupancy, to pay for real estate taxes
levied against, insurance premiums payable with respect to, maintenance of, or construction,
maintenance, repair or replacement of improvements is fractional ownership property.
Garage: An accessory structure which is only intended and used for vehicles and storage, and not a
residential structure as defined herein.
Gazebo: A freestanding accessory structure with no kitchen, sleeping, sanitary facilities or
pressurized water intended as weather and insect protection for such activities as picnicking and
lake viewing.
Group Care Facilities: A facility which provides residential services for individuals that are
handicapped, aged, disabled or undergoing rehabilitation. This includes uses such as homes for
the physically handicapped, mentally retarded, chemically dependent, foster children, maternity
shelters and half-way houses.
Hardship: has the meaning given under Minnesota Statutes, chapters 394 and 462.
Height of Structure: means the vertical distance between the highest adjoining ground level at the
building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat
roof, the highest gable of a pitched or hipped roof, or the highest point of structure.
Home-based Business: means an occuptation or business conducted by a resident within an
existing dwelling or accessory structure on the property when the business is limited in extent and
incidental or secondary to use of the dwelling for residential purposes and does not change the
residential character of the dwelling unit or site.
Impervious Surface: means a constructed hard surface that either prevents or retards the entry of
water into the soil and causes water to run off the surface in greater quantities and at an increased
rate of flow than prior to development, including rooftops; decks; sidewalks; patios; parking lots;
storage areas; concrete, asphalt or gravel driveways; and other similar surfaces.
Industrial Use: means the use of land or buildings for the production, manufacture, warehousing,
storage, or transfer of goods, products, commodities, or other wholesale items.
Institutional Use: means a use that provides a public service and is operated by a government,
public or private utility, public or private school or college, tax-exempt organization, or a place of
religious assembly. Public service includes public agency, public safety and emergency services;
essential and utility services; cultural, service and religious facilities; public or private health
facilities; or other similar services.
Intensive Vegetation Clearing: means substantial removal of trees or shrubs in a contiguous
patch, strip, row, or block.
Interim Use: has the meaning given under Minnesota Statutes, chapters 394 and 462.
Lot: means a parcel of land designated by plat, metes and bounds, registered land survey, auditors
plat, or other accepted means and separated from other parcels or portions by said description for
the purpose of use, occupancy, sale, lease, or separation.
Lot Area: Square footage or acreage included within the boundaries of a parcel or platted lot.
Lot Width: means the shortest distance between lot lines measured at both the ordinary high water
level and at the required structure setback from ordinary high water level for riparian lots. For
nonriparian lots, the lot width is the shortest distance between side lot lines as measured at the
midpoint of the longest axis of the lot.
Lowest Floor: means the lowermost floor of the lowest enclosed area, including basement and crawl
space. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building
access, or storage in an area other than a basement or crawl space area, is not considered a
building’s lowest floor.
Maintenance: The normal upkeep of a structure including the replacement of windows, siding,
roofs, nonbearing walls or interior remodeling that does not expand the footprint of the existing
structure, add volume to the usable living space or intensify a non-conforming use.
Manufactured Home Park.: has the meaning given under Minnesota Statutes, chapter 327.
["Manufactured home park" means any site, lot, field or tract of land upon which two or more
occupied manufactured homes are located, either free of charge or for compensation, and includes
any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment
of the manufactured home park]
Marina: means a commercial mooring facility.
Mining Operation: means the removal from the land of stone, sand and gravel, coal, salt, iron,
copper, nickel, granite, petroleum products, or other material for commercial, industrial, or
governmental purposes.
Motel: A building containing guest rooms or units, each of which has a separate entrance directly
from the outside of the building, or corridor and which is designed, used or intended to be used
primarily for the accommodation of transient guests.
Natural Drainageway: All land surface areas which by nature of their contour or configuration,
collect, store and channel surface or runoff water.
Natural State: means a state where: A. vegetation exists in a wild state; B. the condition of the
ground and shrub layers and floristic composition of the plant community is substantially
unaltered by humans; C. restoration has been consistent with commissioner guidelines or local
government approved plans; or D. vegetation has been unaltered for a least one growing season.
Nonconformity: has the meaning given under Minnesota Statutes, chapters 394 and 462.
"Nonconformity" means any legal use, structure or parcel of land already in existence, recorded, or
authorized before the adoption of official controls or amendments thereto that would not have been
permitted to become established under the terms of the official controls as now written, if the
official controls had been in effect prior to the date it was established, recorded or authorized.]
Non-Riparian Lot: is a lot that does not abut public waters.
Nuisance: By authority and direction of Minnesota Statute, 1980, Section 412.221, Subdivision 23
and 24; and Section 429.31, Subdivision 8; and Section 145.22 and 145.23, nuisance is anything
that interferes with the use or enjoyment of property, endangers personal health or public safety, or
is offensive to the senses such as excessive smoke, odor, noise, heat, vibration, glare, traffic
generation, visual impact and other similar interferences or offenses.
Open Burning: Burning of any matter whereby the resultant combustion products are emitted
directly to open atmosphere without passing through a stack, duct or chimney that meets MPCA
standards.
Open Space, Common: A portion of a development site that is permanently set aside to preserve
unprotected elements of the natural landscape and to provide areas for public or private use.
Common open space may be held in common ownership by all individual owners within a
development or some other permanently established management entity, and is encumbered by a
conservation easement that prohibits development and prescribes allowable uses.
Open Space Recreational Uses: means recreation use particularly oriented to and utilizing the
outdoor character of an area; including hiking and riding trails, primitive campsites, campgrounds,
waysides, parks, and recreation areas.
Ordinary High Water Level: has the meaning given under Minnesota Statutes, chapter 103G.
Owner: Any individual, firm, association, syndicate, partnership, public or private corporation,
trust or other legal entity having sufficient property interest in a property to commence and
maintain proceedings under this Ordinance, or the owner of record or the person or persons who
own a facility or part of a facility.
Park Trailer: has the meaning given under Minnesota Statutes, chapter 168. ["Park trailer" means
a trailer that:
(1) exceeds 8-1/2 feet in width in travel mode but is no larger than 400 square feet when the
collapsible components are fully extended or at maximum horizontal width; and
(2) is used as temporary living quarters.
"Park trailer" does not include a manufactured home.]
Patio: is a constructed hard surface located at ground level.
Permitted Use: A land use conforming to the character of a zoning district which is permitted by
ordinance requiring only a zoning permit issued by the Zoning Administrator.
Person: An individual, firm, partnership, association, corporation, company, including any trustee
receiver, assignee or other similar representative thereof.
Planned Unit Development: means a method of land use or development characterized by a
unified site design for a number of dwelling units or dwelling sites on a parcel, whether for
occupancy, sale, rent, or lease, and a mix of structure types and land uses. Planned unit
developments may be organized and operated as residential, mixed-use development, or commercial
enterprises including individual dwelling units, townhouses, condominiums, time-share
condominiums, cooperatives, common interest communities, fractional ownership properties,
campgrounds, youth camps, apartment buildings, recreational vehicle parks, manufactured home
parks, or park trailers or any combination of these. Planned unit development includes any
conversion of existing structures and land uses that utilize this method of development described in
this subpart.
Plat: has the meaning given under Minnesota Statutes, chapters 505 and 515B. ["Plat" means a
delineation of one or more existing parcels of land drawn to scale showing all data as required by
this chapter, depicting the location and boundaries of lots, blocks, outlots, parks, and public ways.]
Preliminary Plat or Plan: A plan prepared in accordance with the Subdivision Ordinance depicting
the proposed subdivision of property by Final Plat or Final Floor Plan.
Primitive Campsite: means an area that consists of individual remote campsites accessible only by
foot or water.
Principal Use: The main use of land or buildings as distinguished from subordinate or accessory
use. A "principal use" may be either permitted or conditional.
Public Waters: means any waters as defined in Minnesota Statutes, section 103G.005, subdivisions
15, and public water wetlands as defined under Minnesota Statutes, section 103G.005, subdivision
15a. [a) "Public waters" means:
(1) water basins assigned a shoreland management classification by the commissioner under
sections 103F.201 to 103F.221;
(2) waters of the state that have been finally determined to be public waters or navigable waters by a
court of competent jurisdiction;
(3) meandered lakes, excluding lakes that have been legally drained;
(4) water basins previously designated by the commissioner for management for a specific purpose
such as trout lakes and game lakes pursuant to applicable laws;
(5) water basins designated as scientific and natural areas under section 84.033;
(6) water basins located within and totally surrounded by publicly owned lands;
(7) water basins where the state of Minnesota or the federal government holds title to any of the
beds or shores, unless the owner declares that the water is not necessary for the purposes of the
public ownership;
(8) water basins where there is a publicly owned and controlled access that is intended to provide
for public access to the water basin;
(9) natural and altered watercourses with a total drainage area greater than two square miles;
(10) natural and altered watercourses designated by the commissioner as trout streams; and
(11) public waters wetlands, unless the statute expressly states otherwise.
(b) Public waters are not determined exclusively by the proprietorship of the underlying, overlying,
or surrounding land or by whether it is a body or stream of water that was navigable in fact or
susceptible of being used as a highway for commerce at the time this state was admitted to the
union.]
Public Waters Wetland: has the meaning given under Minnesota Statutes, section 103G. [Public
waters wetlands. "Public waters wetlands" means all types 3, 4, and 5 wetlands, as defined in
United States Fish and Wildlife Service Circular No. 39 (1971 edition), not included within the
definition of public waters, that are ten or more acres in size in unincorporated areas or 2-1/2 or
more acres in incorporated areas.]
Reach: means the hydraulic engineering term used to describe longitudinal segments of a stream or
river influenced by a natural or human-made obstruction. In an urban area, the segment of a
stream or river between two consecutive bridge crossings would typically constitute a reach.
Recreation Use Area: is the area within the shore impact zone where a shoreline buffer need not
exist.
Recreational Camping Area: has the meaning given under Minnesota Statutes, chapter 327. [
"Recreational camping area" means any area, whether privately or publicly owned, used on a daily,
nightly, weekly, or longer basis for the accommodation of five or more tents or recreational camping
vehicles free of charge or for compensation. "Recreational camping area" excludes:
(1) children's camps;
(2) industrial camps;
(3) migrant labor camps, as defined in Minnesota Statutes and state commissioner of health rules;
(4) United States Forest Service camps;
(5) state forest service camps;
(6) state wildlife management areas or state-owned public access areas which are restricted in use
to picnicking and boat landing; and
(7) temporary holding areas for self-contained recreational camping vehicles created by and
adjacent to motor sports facilities, if the chief law enforcement officer of an affected jurisdiction
determines that it is in the interest of public safety to provide a temporary holding area.]
Recreational Vehicle: means: A. a recreational vehicle as defined under Minnesota Statutes,
chapter 168; and B. a recreational camping vehicle as defined under Minnesota Statutes, chapter
327. [ (a) "Recreational vehicle" means travel trailers including those that telescope or fold down,
chassis-mounted campers, motor homes, tent trailers, and converted buses that provide temporary
human living quarters.
(b) "Recreational vehicle" is a vehicle that:
(1) is not used as the residence of the owner or occupant;
(2) is used while engaged in recreational or vacation activities; and
(3) is either self-propelled or towed on the highways incidental to the recreational or vacation
activities.]
Recreational camping vehicle" when used in sections 327.14 to 327.28 includes the following:
(a) any vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling
for travel, recreational, and vacation uses;
(b) any structure designed to be mounted on a truck chassis for use as a temporary dwelling for
travel, recreation, and vacation;
(c) any portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as
an integral part of a self-propelled vehicle; and
(d) any folding structure, mounted on wheels and designed for travel, recreation, and vacation use.]
Redevelopment: means development on a previously developed parcel.
Regional Flood: means a flood which is representative of large floods known to have occurred
generally in Minnesota and reasonably characteristic of what can be expected to occur on an
average frequency in the magnitude of the 100-year recurrence interval.
Residential Use: means use as a dwelling, whether for use as principal or secondary residences,
but not transient use.
Resort: has the meaning given under Minnesota Statutes, chapter 103F. [103F is Protection of
Water Resources]
Right-of-Way: An area of land that is surveyed and recorded for the provision of access.
Riparian Lot: is a lot that abuts public waters.
Rivulet: means a channel between defined banks created by the action of surface water, which is
characterized by the lack of terrestrial vegetation or by the presence of a bed, devoid of topsoil,
containing waterborne deposits or exposed soil, parent material or bedrock; and that is connected
hydrologically with other water bodies. A rivulet is a permanent or intermittent stream that has a
total drainage two square miles or less. Rivulets include those watercourses altered or modified by
ditching. Rivulet does not include rills or gullies forming because of accelerated erosion in disturbed
soils where the natural vegetation cover has been removed by human activity. This definition only
applies to that portion of the stream located within a shoreland overlay district.
Scenic Easement: has the meaning given under Minnesota Statutes, section 103F.311. ["Scenic
easement" means an interest in land, less than the fee title, that limits the use of the land to protect
the scenic, recreational, or natural characteristics of a wild, scenic, or recreational river area.
Unless otherwise expressly and specifically provided by the parties, the easement must be:
(1) perpetually held for the benefit of the people of the state;
(2) specifically enforceable by its holder or any beneficiary;
(3) binding upon the holder of the servient estate, and the holder's heirs, successors, and assigns;
and
(4) restricted so as not to give the holder or any beneficiary the right to enter on the land except for
enforcement of the easement.]
Selective Cutting: means a forest management method for regeneration or harvest that removes
individual trees.
Semipublic Use: means the use of land by a private, nonprofit organization to provide a public
service that is ordinarily open to some persons outside the regular constituency of the organization.
Sensitive Resource Management: The preservation and management of areas unsuitable for
development in their natural state due to constraints such as shallow soils over groundwater or
bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding or occurrence of
flora or fauna in need of special protection.
Sensitive Shoreland Area: means shoreland designated as a special protection shoreland overlay
district pursuant to part 6120.3200 or shoreland riparian to any of the following types of public
waters:
A. Bays of lakes or lakes classified as natural environment pursuant to part 6120.3050;
B. Trout lakes and streams designated pursuant to part 6264.0050;
C. Wildlife lakes designated pursuant to Minnesota Statutes, section 97A.001, subdivision 2;
D. Migratory waterfowl feeding and resting lakes designated pursuant to Minnesota Statutes,
section 97A.095, subdivision 2, and part 6240.2100; or
E. Outstanding resource value waters designated pursuant to part 7050.0180.
Setback: means a separation distance measured horizontally.
Sewage: has the meaning given under chapter 7080. ["Sewage" means waste produced by toilets,
bathing, laundry, or culinary operations or the floor drains associated with these sources, and
includes household cleaners, medications, and other constituents in sewage restricted to amounts
normally used for domestic purposes.]
Sewer System: pipelines or conduits, pumping stations, and force main, and all other
constructions, devices, appliances, or appurtenances used for conducting sewage or industrial
waste or other wastes to a point of ultimate disposal.
Sewage Treatment System: A septic tank and soil absorption system or other individual or cluster
type sewage treatment system as described and regulated in Chapter 7080 through 7083 of the
State Rules and Regulations.
Shore Impact Zone: means land located between the ordinary high water level of public waters and
a line parallel to it at a setback of 50 percent of the required structure setback, but not less than 50
feet. This zone serves as all or part of the shoreline buffer.
Shoreland: has the meaning given under Minnesota Statutes, chapter 103F.205, except the
shorelands for rivers in the wild and scenic rivers system means those lands within the boundaries
of the management plan for each designated river consistent with Minnesota Statutes, section
103F.321. ["Shoreland" means land located within the following distances from the ordinary high
water elevation of public waters:
(1) land within 1,000 feet from the normal high watermark of a lake, pond, or flowage; and
(2) land within 300 feet of a river or stream or the landward side of a floodplain delineated by
ordinance on the river or stream, whichever is greater.]
Shoreland Conservation Subdivision: means a method of subdivision of shorelands characterized
by natural areas and open space amenities for homeowners and protection of natural resources and
riparian areas. Site designs incorporate standards of low impact development, such as the use of
narrower residential streets and preservation of trees, shoreline, unique resources, and scenic
vistas, and these developments use stormwater designs that emphasize on-site retention and
infiltration through the preservation of native vegetation within the shore impact zone, use of
pervious surfaces, rain gardens, filtration, and swales.
Shoreline Buffer: means the land abutting public waters consisting of trees, shrubs, and low
ground cover and understory of plants in a natural state.
Sign: Shall mean a name, identification, description, display, illustration or device which is affixed
to or represented directly or indirectly upon a building, structure or land in view of the general
public and which directs attention to a product, service, place, activity, person, institution or
business.
Significant Historic Site: means any archaeological site, standing structure, or other property that
is: A. listed in the National Register of Historic Places or the State Register of Historic Sites; B.
determined to meet the qualifications for listing in the National Register of Historic Places or State
Register of Historic Sites after review by the Minnesota state archaeologist or the director of the
Minnesota Historical Society; or C. an unplatted cemeteries to which Minnesota Statutes, section
307.08, applies.
Sketch Plan: A preliminary site concept plan prepared for the administrative review, suggesting
land use, property configurations and proposed improvements.
Steep Slope: means land having average slopes over 12 percent, as measured over horizontal
distances of 50 feet or more, that are not bluffs.
Stormwater: has the meaning given under chapter 7090. ["Storm water" or "stormwater" means
storm water runoff, snow melt runoff, and surface runoff and drainage. It includes the term
"stormwater" as used in agency documents.]
Structure: means a building or appurtenance, including decks, carports, roof overhangs, and solar
panels. A local government may consider a nontransient recreational vehicle to be a structure.
Structure does not include sewer, electric, communication, gas lines, towers, poles, and other
supporting facilities for aeiral or underground utility lines.
Subdivider: Any individual, firm, association, syndicate, co-partners, corporations, trust or other
legal entity having sufficient proprietary interest in the land sought to be subdivided to commence
and maintain proceedings to subdivide the same under this ordinance.
Subdivision: means land that is divided for the purpose of occupancy, sale, rent, or lease, including
planned unit development.
Subsurface Sewage Treatment System: has the meaning given under chapter 7080. ["Subsurface
sewage treatment system" or "SSTS" is either an individual subsurface sewage treatment system as
defined in subpart 41 or a midsized subsurface sewage treatment system as defined in part
7081.0020, subpart 4, as applicable.]
Suitable Area: is the area remaining on a lot or parcel of land after bluffs, areas with slopes greater
than 25 percent, rights-of-way, existing roads, historic sites, wetlands, designated floodways, and
land below the ordinary high water level of public waters are subtracted.
Surface Waters: means waters of the state, excluding groundwater as defined in Minnesota
Statutes, section 115.01, subdivision 6. Surface waters include lakes, reservoirs, ponds, marshes,
rivers, tributary streams, watercourses, waterways, springs, and all other bodies or accumulations
of water.
Surface Water-Oriented Commercial Use: means the use of land for commercial purposes, where
access to and use of a surface water feature is an integral part of the normal conductance of
business, including marinas, resorts, restaurants with transient docking facilities, and other
surface water-oriented businesses.
Transient Use: means the temporary occupancy of a dwelling unit or site.
Travel Trailer: has the meaning given under Minnesota Statutes, chapter 168. ["Travel trailer"
means a trailer, mounted on wheels, that:
(1) is designed to provide temporary living quarters during recreation, camping, or travel;
(2) does not require a special highway movement permit based on its size or weight when towed by a
motor vehicle; and
(3) complies with sections 169.80, subdivision 2, and 169.81, subdivision 2.]
Variance: has the meaning given under Minnesota Statutes, chapters 394 and 462. ["Variance"
means any modification or variation of official controls where it is determined that, by reason of
exceptional circumstances, the strict enforcement of the official controls would cause unnecessary
hardship or practical difficulty.]
Walkway: A linear area designed and used for pedestrian access which may be used in a natural
state or be covered with an artificial surface.
Water-Oriented Accessory Structure: means a small, building or other improvement, except
stairways, fences, docks, and retaining walls, that, because of the relationship of its use to a
surface water feature, reasonably needs to be located closer to public waters than the normal
structure setback. Water-oriented accessory structure includes gazebos, screen houses, fish
houses, pump houses, and detached decks and patios.
Wetland: has the meaning given under Minnesota Statutes, chapter 103G. [) "Wetlands" means
lands transitional between terrestrial and aquatic systems where the water table is usually at or
near the surface or the land is covered by shallow water. For purposes of this definition, wetlands
must have the following three attributes:
(1) have a predominance of hydric soils;
(2) are inundated or saturated by surface or ground water at a frequency and duration sufficient to
support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions;
and
(3) under normal circumstances support a prevalence of such vegetation.
(b) For the purposes of regulation under this chapter, the term wetlands does not include public
waters wetlands as defined in subdivision 15a.]
Youth Camp: has the meaning given under Minnesota Statutes, chapter 144.71. [outh camp is
defined as a parcel or parcels of land with permanent buildings, tents or other structures together
with appurtenances thereon, established or maintained as living quarters where both food and
beverage service and lodging or the facilities therefor are provided for ten or more people, operated
continuously for a period of five days or more each year for educational, recreational or vacation
purposes, and the use of the camp is offered to minors free of charge or for payment of a fee.]
Zoning District: An area of (enter jurisdiction) defined on the zoning map, having uniform zoning
provisions.
Zoning Map: The map of (enter jurisdiction), amended from time to time, which defines the
boundaries of the zoning districts.
APPENDIX E: DRAFT MODEL RESIDENTIAL DEVELOPMENT
STANDARDS
DRAFT MODEL RESIDENTIAL DEVELOPMENT STANDARDS
1.1
POLICY
Residential developments in _____________ should provide a choice of housing types and a variety of
recreational opportunities. These standards address the following policies and strategies from the
_________________ Comprehensive plan:
A. .
B. .
C. .
1.2
PURPOSE AND APPLICABILITY
A. The purpose of this part is to allow for greater flexibility and creativity in the design of residential
subdivisions; facilitate the construction of streets, utilities, and public services in a more economical and
efficient manner; and promote conservation subdivisions to ensure that citizens in residential developments
and the public benefit from the conservation of natural features of the land, including wetlands, forests,
shorelines, steep slopes, plants, wildlife, historic sites, and scenic areas.
B. Applicability. These standards shall apply to all subdivisions of real estate in the unincorporated areas of
________________ creating four or more lots, except for minor boundary line corrections, resolution of
encroachments, and additions to existing lots of record.
C. Options. This Article provides for flexibility in designing new subdivisions and establishes procedures and
criteria for evaluating new subdivisions by allowing two forms of development--conventional developments
and conservation developments.
1. Conservation developments and conventional developments are allowed for new projects on undeveloped
land, redevelopment of previously built sites, or conversions of existing buildings.
2. Conservation developments on riparian parcels shall have a minimum of three contiguous acres of
suitable area and a minimum lot width of 400 feet.
1.3
DEVELOPMENT APPLICATION PROCESS
Development applications shall follow the procedures established in ________________________________.
1.4
ENVIRONMENTAL REVIEW
Environmental review shall be conducted pursuant to the procedures and standards in Article ________ of this
ordinance.
1.5
CRITERIA FOR EVALUATION
Before the Planning Commission recommends approval of a development proposal, they shall find that the
following criteria are satisfied:
1
The development complies with all _____________ordinance standards.
2
The development or unit thereof is of sufficient size, composition and arrangement that its construction,
marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit.
STANDARDS
1.6
3
The development will not create an excessive burden on parks, schools, streets and other public facilities and
utilities that serve or are proposed to serve the development.
4
Access in the form of dedicated right-of-way or easement, as appropriate, shall be provided to adjacent
undeveloped properties that do not have direct access to a public road. Developers or subsequent owners may
be entitled to compensation for providing such access.
DESIGN CHANGES
Changes made after final plat approval shall be approved as follows:
A. During construction of the development, the ________________may approve minor changes in the location
of buildings, design of roads, or other circumstances not foreseen at the time the development was approved.
B. Changes in uses, rearrangement of lots, blocks, dwelling unit lots, or any changes in the provision of common
open space shall require re-approval by the Planning Commission and Townships if applicable.
1.7
MAINTENANCE AND ADMINISTRATION REQUIREMENTS
To insure the continued existence and functioning of the common open space and the development as a community, the
following administrative requirements shall be met:
A. Development organization and functioning for developments of 10 or more lots or dwelling unit lots. Unless
an equally effective alternative community framework is approved by the Planning Commission and
established, when there is common open space or any other common element, all residential developments of
10 or more lots or dwelling unit lots shall include an owners’ association with the following features:
1.
Membership shall be mandatory and automatic for each lot or dwelling unit lot owner and any successive
owners.
2.
Require that each owner in the development have an undivided ownership in the common open space and
other common elements.
3.
Each member shall pay a pro rata share of the association's expenses, and unpaid assessments can become
liens on units or sites.
4.
Assessments shall be adjustable to accommodate changing conditions.
5.
The association shall be responsible for insurance, taxes, and maintenance of all commonly owned
property and facilities, and shall enforce covenants, deed restrictions, and easements.
6.
The association shall have a Long-term Management Plan for any common open space and shall
administer the plan pursuant to the terms of _____________________’s conservation easement on the
open space.
7.
Amendments or revisions to covenants or deed restrictions. Before establishing or recording any
common interest community, the developer shall submit documents, including all covenants, conditions,
restrictions, easements, and operating rules and procedures associated with the development, for review
and approval by the Planning Commission pursuant to Minnesota Statutes, section 515 B.1-106. Such
STANDARDS
documents shall provide that no amendments or revisions of covenants or deed restrictions may be made
unless approved in advance by the Planning Commission. Any such amendments or revisions made
without such approval shall not be effective.
B. Common open space preservation. A permanent conservation easement to ensure perpetual preservation and
maintenance of common open space shall be created in favor of _____________ under Minnesota Statutes,
Chapter 84C. _________________, at its option, may transfer its interest in the easement to a non-profit
conservation organization or other public agency. There shall be no cost to ______________ of easement
acquisition, other than costs incidental to the transfer of ownership. The form of the easement shall be
approved by _____________________. The instruments of the easement shall incorporate the provisions of
this Article governing common open space, including without limitation all of the following protections:
1.
Regulate construction impervious surfaces and/or recreation facilities pursuant to the Long-term
Management Plan.
2.
Prohibit beaching of motorized watercraft when used as an unauthorized mooring space.
3.
Prohibit dumping, storage, or burning of solid or other wastes.
4.
Allow the use of common open space for subsurface sewage treatment systems if other use of the space is
restricted to avoid adverse impacts on the sewage treatment system.
5.
Restrict in perpetuity the common open space from further subdivision and/or land development.
C. Other common elements. Common elements such as areas designated for storage of vehicles and personal
property may be designated, provided that open space requirements are met, pursuant to the Long-term
Management Plan.
D. Residential developments of nine or less lots or dwelling unit lots with common open space. The common
open space may be retained by the landowner, owner’s association, and/or the developer, and may be sold to
any subsequent landowner, provided:
1.
The common open space is surveyed; and
2.
The common open space remains undivided and is restricted from further development by means of a
permanent conservation easement. The permanent conservation easement shall comply with the
provisions of Article 1.7, B.
3.
The landowner, owner’s association and/or the developer shall be responsible for insurance, taxes, and
maintenance of all common open space, property and facilities, and shall enforce covenants, deed
restrictions, and easements.
4.
The landowner, owner’s association and/or the developer shall have and administer a Long-term
Management Plan for any common open space, property and facilities.
E. In the event the person or entity responsible for administration of the Long-term Management Plan fails to
administer and perform all or any portion of the plan relating to common open space, the __________ may
serve written notice upon such person or entity setting forth the manner in which the such person or entity has
failed to administer and perform the plan. Such notice shall set forth the nature of corrections required and a
reasonable time within which to complete corrective action. If corrective action is not completed within a
reasonable time, the __________ may, but the __________ is not required to, assume responsibility for
STANDARDS
administration and performance of the plan with respect to such failures, and in furtherance of such action the
___________ may enter the premises and take all corrective action as may be reasonable, including extended
maintenance. The costs of such corrective action may be charged to the person or entity responsible for
administration of the Long-term Management Plan or individual property owners who make up a
homeowners' association and may include administrative costs. Such costs shall become a lien upon and
assessed against the properties that have the right of enjoyment of the common open space.
1.8
CONSERVATION DEVELOPMENT STANDARDS
Conservation development standards are intended to provide a relationship between buildings, and between
buildings and sites, that cannot be accomplished by the one building-one lot application of the land use provisions
of this ordinance. In order to encourage well designed building groups, this section provides for the development
of more than one structure upon a single lot or tract as well as the integral development of one or more lots as a
single tract.
1.9
CONSERVATION DEVELOPMENT DESIGN PROCESS AND CRITERIA
A. Before submitting an application, applicants are required to demonstrate to the Planning Commission that the
following design process was used to determine the layout of proposed streets, dwelling unit lots, and open
space as shown on the site plan:
1.
Step One: Identifying conservation areas:
a.
First, primary conservation areas such as wetlands, bluff impact zones, and structure setback areas
and secondary conservation areas including unprotected elements of the natural landscape such as
steep slopes, mature woodlands, prime farmland, meadows, wildlife habitats and cultural features
such as historic and archeological sites and scenic views shall be identified and delineated.
b.
Second, the developable area shall be identified and shall consist of land completely outside primary
conservation areas, and, to the maximum extent feasible, outside secondary conservation areas.
2.
Step Two: Calculate the number of dwelling unit lots allowable under Article 1.10 and locate the
approximate sites of individual houses within the developable area. Include the delineation of private
yards and shared amenities so as to reflect an integrated community, with emphasis on consistency with
the ________________ Comprehensive Plan.
3.
Step Three: Aligning the streets and trails. Align streets in order to access the dwelling unit lots.
Additionally, new trails should be laid out to create internal and external connections to existing and/or
potential future streets, sidewalks, and trails.
4.
Step Four: Draw in the lot lines.
5.
Step Five: Identify on a design plan map all parts of the project parcel to be permanently protected as part
of the open space.
B. Conservation development design criteria:
1.
At least 50% of the total project area shall be permanently preserved as common open space. Common
open space shall include structure setbacks and bluff impact zones, areas with physical characteristics
unsuitable for development in their natural state, and areas containing significant historic sites or
unplatted cemeteries. No more than 25% of the required open space may consist of wetlands for
developments in the shoreland zone not abutting public waters.
STANDARDS
a. To the maximum reasonable extent all open space shall be part of a larger continuous and integrated
open space system within the parcel being developed. Areas shall be considered contiguous if they
are within 100 feet of each other and there are no impediments to access between the areas.
b.
Natural features included in open space shall generally be maintained in their natural condition, but
may be managed to improve their appearance, or restore their overall condition and natural processes,
as recommended by natural resource professionals and in compliance with the Long-term
Management Plan approved by the ________. Permitted management activities may include:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
Woodland management.
Reforestation.
Meadow management.
Wetlands management.
Water body bank protection.
Buffer area landscaping.
Wildlife management
Recreation management
c.
The common open space shall maximize common boundaries with existing or future open space on
adjacent lands.
d.
Common open space shall properly serve and enhance all dwelling unit lots, cluster groups, and other
common facilities.
2. Dwelling unit lots areas designated as common elements, all road rights-of-way, and all land covered by
impervious surfaces, shall not be included in the computation of common open space.
3. Dwelling unit lots may be clustered into one or more groups located on suitable areas of the development
and must meet all external property line, road, and structure setbacks.
4. The average dwelling unit lot size shall not exceed 30,000 square feet.
5. Dwelling unit lot impervious surface coverage shall meet the standards in Article ____________.
6. There shall be at least one access corridor to the structure setback as approved by the Planning
Commission. The corridor shall:
a.
Be accessible to all residents of the conservation development.
b.
Have a minimum width of 50 feet.
c.
Provide upland access to the structure setback area without impacting wetlands.
d.
Have a trail and vegetation management plan addressed in the Long-term Management Plan.
7. New developments and redevelopments of existing developments shall meet vegetation management
standards in Article ___________________________of this ordinance.
STANDARDS
8. No impervious surfaces shall be allowed within the shore impact zone, except, stairways, lifts or landings.
Those portions of boat launching ramps greater than ten feet landward from the OHWL shall be
constructed of pervious materials.
9. Roads within and serving conservation developments shall be constructed according to American Society
of Civil Engineers (ASCE) standards (Residential Streets, 2001, 3rd edition or later, ASCE) and the
development plan approved by the Planning Commission, and the local road authority, if applicable.
10. The boundaries of the permanent conservation easement area and the common open space shall be clearly
and visibly marked.
11. Access in the form of dedicated right-of-way or easement, as appropriate, shall be created for connection
to adjacent undeveloped properties or public lands that do not have direct access to a public road.
Developers or subsequent owners may be entitled to compensation for providing such access.
1.10
CONSERVATION DEVELOPMENT DENSITY EVALUATION
A. Shoreland District:
1.
The project parcel must be divided into two tiers:
a. The first tier shall consist of all areas within the following distances landward from the OHWL of
public waters:
Lake or River Class
General Development
Recreational Development lakes
Natural Environment lakes
Sensitive Shoreland Districts
All river classes
First Tier Landward in Feet
200
267
400
400
300
b. The second tier shall consist of all remaining area in the project parcel.
2.
The number of dwelling unit lots allowable in each tier is calculated by dividing the suitable area in
square feet within each tier by the density factor for the shoreland class in Table 1.1:
3.
Table 1.1 Conservation Development Density Factors-Shoreland District
Classification
General development lakes
and rivers
Recreational development
lakes
Natural Environment lakes
and rivers, Sensitive
Shoreland Districts
Cold Water
At Standard
Structure
Setback
First Tier
27,000
At 150% of
Standard Structure
Setback
First Tier
24,000
Second Tier
22,500
34,000
32,000
30,000
68,000
64,000
60,000
72,000
67,500
67,500
STANDARDS
4.
Allowable dwelling unit lots may be transferred from the first tier to the second tier, but not from the
second tier to the first tier. Dwelling unit lots may straddle tier lines.
B. Non Shoreland Districts:
1.
1.11
The number of dwelling unit lots allowable is calculated by dividing the total project parcel area in
square feet by:
a.
43,560 in the Rural Residential-1 District; or,
b.
108,900 in the Rural Residential-2.5 District; or,
c.
d.
e.
871,200 in the Rural Residential-20 District.
CENTRALIZATION AND DESIGN OF FACILITIES
A Long-term Management Plan shall be submitted to and approved by the Planning Commission. In addition to
other required provisions, the plan must include or provide for:
A. Conservation developments shall be connected to publicly owned water supply and sewer systems, if
available. Sewage treatment systems may be centralized and shall have an operating plan and third-party
manager.
B. A lake use and access area plan including:
1.
The location and configuration of pathways, launching ramps, dock configuration and location, and other
facilities within the structure setback area, if any.
2.
Provisions that allow all residents of the conservation development to use the shore recreation area,
exclusive of the dedicated continuous mooring spaces.
3.
The size, location, and configuration of the shore recreation area, including but not limited to swimming
areas, docks, launching ramps, and watercraft mooring areas, if any.
a.
The total width of the shore recreation area(s) shall not exceed the greater of 50 feet or a distance
equal to 10% of the riparian lot width. The depth of the shore recreation area may extend to the
structure setback line, subject to the stormwater plan approved by the Planning Commission.
b.
All such facilities shall be centralized and located in areas most suitable for them. Evaluation of
suitability shall include consideration of land slope, water depth, upland and aquatic vegetation,
presence of wetlands, soils, depth to groundwater, or other relevant factors.
STANDARDS
c.
Identification of potential safety issues created by and addressing conflicts among the uses permitted
under the plan,
d.
All such facilities may be used by all occupants of the conservation development, subject to the
provision of Article 1.11, B., 4. and 5.
4.
Prohibit shore recreation facilities or uses outside of the designated lake use and access area and adjacent
littoral areas.
5.
The number of allowable continuous watercraft mooring spaces for conservation developments abutting
public waters shall not exceed the number of allowable dwelling unit lots in the first tier. Individual
docks are not allowed.
6.
Unless prohibited by the conservation easement created under Article 1.7, B. launching ramp facilities,
including a dock for loading and unloading equipment may be used by all occupants of the conservation
development, provided that all watercraft, other than those afforded continuous mooring spaces, are
stored outside the structure setback area such that they are not visible from the public water.
C. Accessory structures, parking areas, storage and other facilities shall meet the required principal structure
setback and be centralized, be treated to reduce visibility as viewed from Public waters and adjacent
shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the _________,
assuming summer, leaf-on conditions.. Vegetative and topographic screening shall be preserved, if existing,
or may be required to be provided.
D. Prohibit commercial uses.
1.12
CONVENTIONAL DEVELOPMENT STANDARDS, DESIGN PROCESS, AND CRITERIA
Conventional development standards are intended to provide a one primary residence per lot application of the land use
provisions of this ordinance.
A. Conventional developments shall use the design procedures established in ______________ Subdivision
Ordinance as well as the residential lot area standard for the respective land use district classification in
Article _______________ of this ordinance.
B. All roads within conventional developments, whether public or private, shall be constructed to meet
specifications in the Article ______________ of this ordinance.
C. A shoreland vegetation buffer plan shall be designed and implemented meeting the standards in Article
__________ of this ordinance.
D. No impervious surfaces shall be allowed within the shore impact zone, except, stairways, lifts or landings. If
permitted under Article _____________, those portions of boat launching ramps greater than ten feet
landward from the OHWL shall be constructed of pervious materials.
E. Access in the form of dedicated right-of-way or easement, as appropriate, shall be created for connection to
adjacent undeveloped properties or public lands that do not have direct access to a public road. Developers or
subsequent owners may be entitled to compensation for providing such access.
STANDARDS
F. Common Elements. Common elements such as areas designated for storage of vehicles and personal property
may be designated, provided that open space requirements in Article 1.7, B are met.
1.13 CONVENTIONAL DEVELOPMENT DENSITY EVALUATION – SHORELAND AND NONSHORELAND AREAS.
The number of lots allowable is calculated:
A. In the Shoreland District, according to the standards in the______________ Subdivision Ordinance, as well as
the residential lot area standard for the respective land use district classification in Article ___ of this
ordinance, subject to the open space requirements in Article 1.7, B.
B. Outside the Shoreland District, according to the standards in the _________________ Subdivision
Ordinance, as well as the residential lot area standards for the respective land use district classifications in
Article ______________ of this ordinance,
1.14
EROSION CONTROL, STORMWATER MANAGEMENT, AND SEDIMENT CONTROL
A. All developments shall comply with the provisions of Article _______________of this Ordinance.
DRAFT MODEL STORMWATER MANAGEMENT STANDARDS
____ PURPOSE AND INTENT
A.
The purpose of this part is to protect surface waters and private property from damage resulting from
storm water runoff and erosion, ensure the annual storm water runoff rates and volumes from postdevelopment site conditions mimic the annual runoff rates and volumes from predevelopment site conditions,
ensure site development minimizes the generation of storm water and maximizes storm water treatment and
infiltration, and protect water quality from nutrients, pathogens, toxins, debris, and thermal stress.
B.
The (Unit of Govt) shall evaluate the storm water management needs of each lot in doing all reviews,
approvals, and permit issuances.
C.
Treated storm water runoff shall use existing natural drainage ways and vegetated soil surfaces to
convey, store, further filter, and retain storm water runoff before discharge to public waters. Preference shall
be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made
materials and facilities.
_____ IMPERVIOUS SURFACE STANDARDS
A. Shoreland District--Shoreland Protection Zone. Impervious surface coverage shall not exceed the
limits in the following table:
Shoreland Protection Zone Impervious Surface Limits (First 500 feet from OHWL)
Development or use
Maximum impervious surface
Applicable area
New residential lots w/o a structure
15*
Total lot area
Residential lots of record
15*
Total lot area
Conservation Developments
30
Dwelling unit lot
Resort
25**
Total project area and any tier
Commercial
30
Total lot area
* - up to ___ percent impervious surface coverage may be allowed with a storm water management plan
designed by a Minnesota-licensed professional engineer. The plan shall be approved by ________ and
effectively implemented.
** - up to _____ percent impervious surface coverage may be allowed with a storm water management plan
B. Shoreland District--Shoreland Buffer Zone. Impervious surface coverage shall not exceed the limits in the
following table:
Shoreland Buffer Zone Impervious Surface Limits (Rest of shoreland district)
Development or use
Applicable area
New residential lots
20*
Total lot area
20*
Total lot area
30
Dwelling unit lot
Resort
30
Commercial
35
Total lot area
* - up to ___ percent impervious surface coverage may be allowed with a storm water management plan
C. Non-Shoreland Districts. Impervious surface coverage outside the Shoreland District shall not exceed the
limits in the following table:
Non-Shoreland Impervious Surface Limits
Development or use
Applicable area
New residential lots
25
Total lot area
25
Total lot area
Resort
Commercial
40
40
60
Dwelling unit lot
Total lot area
______ GENERAL STANDARDS
A. For construction projects that create up to 3000 square feet of new impervious surface on a lot,
______________ shall require stormwater best management practices as a condition of permit approval.
B. For construction projects that create from 3,000 to 10,000 square feet of new impervious surface on a lot,
______________ shall require the applicant to submit a plan for permanent on-site treatment of one inch of
stormwater runoff. This means that a volume of water equal to one inch multiplied by the area of impervious
surface must be treated. Preference should be given to volume reduction techniques that include infiltration
basins, rain gardens, enhanced infiltration swales, filter strips, disconnected impervious areas, soil
amendments, bioretention, and other approved volume reduction techniques. The plan shall be approved by
______________ and effectively implemented.
C. For construction projects that create over 10,000 square feet of new impervious surface on a lot, and for all
plats, ______________ shall require the applicant to submit a plan for permanent on-site treatment of one
inch of stormwater runoff designed and inspected by a Minnesota-licensed professional engineer.
D. All stormwater plans shall be capable of safely passing a 100 year, 24 hour storm event, using grassed swales,
grit chambers, vegetated filter strips, bioretention areas, off-line retention areas, and natural depressions for
infiltration, is required before the runoff leaves the project site or enters surface waters. Constructed storm
water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of
surface debris before discharge.
E. All stormwater management technologies must be consistent with the most current version of the Minnesota
Stormwater Manual, which is incorporated herein by reference.
F. Unless otherwise provided by the property owner, a minimum 12-foot wide driveway from the nearest road
right-of-way to the principal structure must be included in the impervious surface coverage calculation.
G. ______________ may count 50% of the area covered by a permeable pavement system as pervious surface if
a Minnesota-licensed professional engineer is responsible for design and inspection of installation of the
permeable system and best management practices are followed in design, installation, and maintenance as
found in the latest Minnesota Stormwater Manual, subject to the following standards:
1. No credit may be given for a permeable pavement system in a shore or bluff impact zone, except as
otherwise allowed for watercraft access ramps;
2. The base of the installed permeable pavement system must have a minimum of three feet separation from
the seasonally saturated soils or from the bedrock; and
3. The design of a permeable pavement system must allow the infiltration of one inch of stormwater that
falls on the pavement surface.
_____ MANAGEMENT OF STORMWATER FACILITIES
A. All storm water management facilities shall be designed to minimize the need for maintenance, to provide
access for maintenance purposes and to be structurally sound. All storm water management facilities shall
have a plan of operation and maintenance that assures continued effective removal of pollutants carried in
storm water runoff. It shall be the responsibility of the applicant to obtain any necessary easements or other
property interests to allow access to the storm water management facilities for inspection and maintenance
purposes. The Board may require a developer to enter into a contract providing for access to perform
maintenance and inspection to public or private storm water management facilities.
B. Newly installed and rehabilitated catch basins shall be provided with a sump area for the collection of coarse
grained material as specified by the Administrator. Such basins shall be cleaned when they are 75 percent of
the ponds original volume with material or as resources allow.
_____ MINNESOTA POLLUTION CONTROL AGENCY PERMIT
Construction activity that results in the disturbance of one or more acres also require a stormwater permit from the
Minnesota Pollution Control Agency (MPCA).
APPENDIX G: EUCLIDEAN ZONING PAPER
EUCLIDEAN II ZONING
BY RONALD J. TREHARNE
Enhancing Existing Zoning Classification Systems into a Hierarchical System
to Support Sustainable Development and to Support New Urbanism
Development
Ronald J. Treharne, AIA
446 Carmel Drive
Melbourne, FL 32940
1-321-698-5739
[email protected]
http://www.ron-treharne.com/

August 30, 2011 Land Use Work Group Jean Coleman Elizabeth

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